Hero Fincorp Ltd v. Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Hero FinCorp Limited Having its Registered Office at No.34, Community Centre, Basant Lok Vasant Vihar, New Delhi - 110 057; and Branch Office at:
5th Floor, Alpha Centre, 150-151 North Usman Road, T.Nagar Chennai - 600 017.
Rep. by its Associate-Legal and Authorized Signatory Mr.T.Mahendiran ..
Petitioner Vs.
1. Commissioner of Police Coimbatore City, 62, Old Post Office Road Near Railway Station, Opp. Collector Office Gopalapuram, Coimbatore - 641 018.
2. The Inspector of Police L&O B-11, Saibaba Colony Police Station Mettupalayam Road, Saibaba Kovil Coimbatore - 641 011.
3. M/s.Amman Traders (Borrower) Proprietorship Firm Through Mr.P.Kannan Door No.7, Ananda Housing Colony Velandipalayam, Coimbatore - 641 025.
4. M/s.Sri Kowsalyam Enterprises (Co-Borrower) Through its Partner, Thenmozhi No.243, Patel Road, Kattur Coimbatore - 641 009.
5. M/s.Gold Seal Industricts (Co-Borrower) Through its Proprietor: P.Veerakumar Door No.1/39/10, SF.No.461/2, Chittur Karumathampatty (via) Kaniyur Road Coimbatore - 641 025.
6. P.Kannan (Co-Borrower)
7. P.Veerakumar (Co-Borrower)
8. K.Kasturi (Co-Borrower)
9. Thenmozhi (Co-Borrower)
10. Manikandan Advocate Commissioner U.G.No.6, S.R.Lawyer's Colony Gopalapuram, 3rd Street Coimbatore - 641 018.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the learned Chief Judicial Magistrate at Coimbatore, to take further steps to implement/enforce the order dated 20.01.2020 in Cr.M.P.No.1233 of 2019, passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and to further direct respondents 1 and 2 to aid/assist respondent 10 in executing the warrant by taking physical possession of the aforementioned secured properties.
For the Petitioner : Mr.Kishore Balasubramanian For the Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John for R1 and R2
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.Kishore Balasubramanian, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for respondents 1 and 2.
2. Learned Additional Public Prosecutor appearing for respondents 1 and 2 submits that respondents 1 and 2 would coordinate for enforcing the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for brevity, "the SARFAESI Act, 2002"], in case there are no prohibitory orders passed by the Court.
3. The submissions of learned Additional Public Prosecutor are accepted. In case there are no prohibitory orders, then respondents 1 and 2 shall take appropriate steps for implementing the order passed under Section 14 of the SARFAESI Act, 2002.
4. With these observations, the writ petition stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 20.11.2023 Index :
Yes/No :
Yes/No drm
To
1. Commissioner of Police Coimbatore City, 62, Old Post Office Road Near Railway Station, Opp. Collector Office Gopalapuram, Coimbatore - 641 018.
2. The Inspector of Police L&O B-11, Saibaba Colony Police Station Mettupalayam Road, Saibaba Kovil Coimbatore - 641 011.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 20.11.2023