Smfg Home India Finance Company Limited v. Karimulla Khan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN M/s.SMFG India Home Finance Company Ltd., registered office at COMMERZONE IT Park, Tower B, 1 st Floor, No.111, Mt Poonamallee Road, Porur, Chennai, Tamil Nadu, Pin 600 116 and its Corporate office at 503 and 504, 5th Floor, G Block, Inspire BKC, BKC Main Road, Bandra Kurla Complex, Bandra (E) Mumbai 400 051 rep. By its Authorised Officer, A.Mohammed Faiz : Petitioner versus 1.Karimulla Khan 2.Fathima Begum : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Honourable Chief Judicial Magistrate, Thiruvallur, to expeditiously number and dispose the petition filed by the petitioner under section 14 of the SARFAESI ACT 2002 vide CRLMP No.5138 of 2025 pending before the Chief Judicial Magistrate, Thiruvallur.

For Petitioner :

Ms.R.Kalaivani

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The prayer in the petition says that the petition filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 be expeditiously numbered and disposed of by the Chief Judicial Magistrate, Tiruvallur.

2. In the affidavit in support, there is nothing mentioned as to what

steps have been taken to get the petition numbered after it was lodged. In paragraph 6, even the date of lodging the petition has not been mentioned. The affidavit only contains a big lecture as to what the legal position is.

3. In the circumstances, we are not inclined to entertain the petition. Petition stands dismissed. There will be no order as to costs. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 02.07.2025 Index : Yes/No : Yes/No tar To The Chief Judicial Magistrate, Thiruvallur.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) 02.07.2025