M/S.Sundaram Home Finance Ltd. v. The District Magistrate /

In the High Court of Judicature at Madras Dated: 19.02.2015

CORAM:

The Hon'ble Mr.Justice M.VENUGOPAL and The Hon'ble Mr.Justice R.MAHADEVAN W.P.No.4267 of 2015 M/s.Sundaram Home Finance Ltd., rep. by its Authorised Officer N.Udayakumar 46, Whites Road, SF Towers, I Floor, Royapettah, Chennai-600 014.

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Petitioner Vs.

The District Magistrate/District Collector, Chengalpet District, Kancheepuram.

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Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for a writ of Mandamus, directing the Respondent to pass orders on the petition dated 12.07.2014 filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, within a time frame as fixed by this Court.

For Petitioner :

Ms.M.Sneha For Respondent :

Mr.N.Sakthivel Government Advocate

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] It comes to be known that the Petitioner had filed a petition dated 12.07.2014 before the Respondent under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act") and the same is pending as on date.

That apart, the Petitioner had also addressed a representation dated 17.11.2014 to the Respondent requesting him to pass necessary orders on the petition submitted by it on 12.07.2014.

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2.It is to be pointed out that Section 14 of the SARFAESI Act enables the secured creditor to seek the assistance of Chief Metropolitan Magistrate or District Magistrate in taking possession of the secured asset. In fact, under Section 14 of the Act, the Respondent has two options namely, 1) he may require the Bank by calling upon it to furnish the necessary details on any aspect and

2) Also, he may issue notice to the borrower for verification of existence of any fact, which is required to be verified by him. Thereafter, he may proceed for exercise of power in terms of ingredients of Section 14 of the Act.

3.In view of the fact that the relief sought for by the Petitioner in the present Writ Petition is of limited in nature, viz., for passing of an order by this Court in directing the Respondent/District Collector, Chengalpet District, Kancheepuram to pass necessary orders on the petition dated 12.07.2014 filed under Section 14 of the SARFAESI Act, this Court at this stage, Simpliciter, in the interest of Justice, Fair Play, Equity, Good Conscience and even as a matter of prudence, directs the Respondent to look into the representation of the Petitioner dated 17.11.2014 and to take into consideration of the petition dated 12.07.2014 filed by the Petitioner under Section 14 of the SARFAESI Act and to pass necessary orders in Section 14 petition on merits as expeditiously as possible, in any event, within a period of six weeks from the date of receipt of a copy of this order. 4.With the aforesaid observations and directions, this Writ Petition is disposed of. No costs.

Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

DP To The District Magistrate/District Collector, Chengalpet District, Kancheepuram.

+1cc to M/s.J.Ravindran, Advocate, S.R.No.9331 W.A.No.4267 of 2015 MP(CO) CA(04/03/2015) https://hcservices.ecourts.gov.in/hcservices/