M/S.Sundaram Bnp Paribas Home v. The District Magistrate/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. Nos.5403 and 5404 of 2015 Sundaram BNP Paribas Home Finance Ltd.

Represented by its Authorised Officer N. Udayakumar 46 Whites Road SF Towers - I Floor Royapettah Chennai 600 014 Petitioner in both the WPs Vs.

The District Magistrate/District Collector Salem District Salem - 636 001 Respondent in WP No.5403/2015 The District Magistrate/District Collector Salem District Salem - 636 001 Respondent in WP No.5404/2015 Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider and pass orders on the petitioner's petitions dated 15.07.2014 filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

For petitioner Mr. K.J. Parthasarathy in both the WPs For respondent Mr. N.Sakthivel in both the WPs Government Advocate https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER (Order of the Court was made by SATISH K. AGNIHOTRI, J.) The grievance of the petitioner is that the petitioner had filed petitions under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act") on 15.07.2014 seeking assistance of the respondents for taking over possession of the secured asset in furtherance of exercise under Section 13(4) of the SARFAESI Act. However, the respondents have not taken any step so far when the object of the said provisions is to extend assistance to secure possession of the secured asset, at the earliest. 2.

The learned Government Advocate appearing for the respondents submits that a direction to that effect may be issued to the respondents.

3.

Accordingly, we direct the respondents to take up the matter and decide the same in accordance with law and on its own merits as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order. 4.

The writ petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad To The District Magistrate/District Collector Salem District Salem W.P. Nos.5403 and 5404 of 2015 pmk.30.3.2015 https://hcservices.ecourts.gov.in/hcservices/