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Madras High CourtWP/30316/2019disposed of

The Authorized Officer v. The District Collector

2019-11-12Honourable Dr Justice Vineet Kothari,Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2019

CORAM:

THE HON'BLE DR. JUSTICE VINEET KOTHARI and THE HON'BLE MR. JUSTICE C.SARAVANAN W.P.No.30316 of 2019 The Authorized Officer South Indian Bank Limited, Regional Office, No.43, Ground Floor, Hameedia Centre, Haddows Road, Nungambakkam, Chennai-6.

...

Petitioner ..Vs..

1. The District Collector cum District Magistrate Coimbatore, TamilNadu.

2.M/s.Sri Ravindra Textiles, Represented by its Partners Raveendran, Sundaram & Jayanthi R SF No.115/52,Kamaraj Road, Karamadai, Coimbatore - 641 104.

3. M/s.Ravindra Ginning Mills Represented by its partners Raveendran S & Sundaram B S.F.No.115/52, Kamaraj Road, Karamadai, Coimbatore - 641 104.

4. Mr.S.Ravindran

5. Mr.B.Sundaram 6.Mrs.Jayanthi R ...

Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for a Writ of Mandamus directing the first respondent to dispose of the application filed under Section 14 of the SARFAESI Act on 10.01.2018 within a time frame pertaining to the secured property belonging to the 4th and 5th Respondents herein.

For Petitioner : Mr.M.L.Ganesh For Respondent : Mrs.Sri Jayanthi Spl.G.P. (R1) Mr.S.Kadarkarai (R2 to R5)

O R D E R

(Order of the Court made by DR.VINEET KOTHARI, J.) The Petitioner Bank has filed this Writ Petition seeking for a direction to the first respondent to dispose of the application filed under Section 14 of the SARFAESI Act on 10.01.2018 within a time frame pertaining to the secured property belonging to the 4th and 5th Respondents herein.

2. The learned counsel for the petitioner submitted that though the Petitioner Bank filed an application under Section 14 of the SARFAESI ACT as early as on 10.01.2018, the same has not been decided by the District Collector till date and therefore prays for a direction of this Court for the early disposal of the same.

2. The learned Special Government Pleader appearing for the first Respondent submitted that despite notice being issued to the petitioner and the borrower to appear before the District Collector they have not appeared.

3. Having heard the learned counsels for the parties we dispose of this Writ Petition by directing the Petitioner Bank and the borrower to appear before the District Collector on 03.12.2019 and the District collector is directed to dispose of the application filed by the petitioner 10.01.2018, within a period of six weeks thereafter.

4. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar arr

To

1. The District Collector cum District Magistrate Coimbatore, TamilNadu.

2.M/s.Sri Ravindra Textiles, Represented by its Partners Raveendran, Sundaram & Jayanthi R SF No.115/52,Kamaraj Road, Karamadai, Coimbatore - 641 104.

3. M/s.Ravindra Ginning Mills Represented by its partners Raveendran S & Sundaram B S.F.No.115/52, Kamaraj Road, Karamadai, Coimbatore - 641 104.

4. Mr.S.Ravindran S/o.Sundaram, No.13/24,Ganesh Nagar, Teachers Colony, Coimbatore - 641 104.

5. Mr.B.Sundaram, No.13/24,Ganesh Nagar, Teachers Colony, Coimbatore - 641 104.

6.Mrs.Jayanthi R W/o,Raveendaran No.13/24,Ganesh Nagar, Teachers Colony, Coimbatore - 641 104.

+1cc to Mr.S.Kadarkarai , Advocate SR.No. 93993 +1cc to Mr.M.L.Ganesh , Advocate SR.No. 94217 W.P.No.30316 of 2019 A.SK(28/11/2019)