Jm Financial Asset Reconstruction Co Ltd v. The District Collector Cum District Magistrate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.01.2020
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.35799/2019 JM Financial Asset Reconstructions Co.Ltd [formerly known as JM Financial Asset Reconstruction Company Private Limited], Having its registered Office at 7th Floor, Cnergy, Appasaheb Marathe Marg, Prabhadevi, Mumbai 400 025.
..
Petitioner Rep by Ashlesh Bal Authorised Officer
Versus
The District Collector cum District Magistrate Vazhudavoor Road, Pettaiyanchathiram Puducherry 605009.
.. Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the District Collector cum District Magistrate, Puducherry the respondent herein to consider the application dated 30.03.2016 filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, within the time frame as prescribed under the provisions of the SARFAESI Act. For Petitioner :
Mr.R.Sugumaran For Respondent :
Mrs.V.Usha, AGP [Pondy]
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,] (1)By consent, the writ petition is taken up for final disposal. (2)Heard the submissions of the learned counsel for the petitioner and the grievance expressed by the petitioner is that despite the application submitted by the petitioner for taking actual physical possession of the secured assets by invoking the provisions under Section 14[1] of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the respondent did https://hcservices.ecourts.gov.in/hcservices/
not choose to pass orders and hence, the petitioner is constrained to approach this Court by filing this writ petition.
(3)When the matter was listed for admission on 08.01.2020, Mrs.V.Usha, learned Additional Government Pleader [Puducherry] accepted notice on behalf of the respondent and sought time to get instructions.
(4)When the matter is listed today, it is represented by learned Additional Government Pleader [Puducherry] appearing for the respondent that the respondent has passed an order on 25.01.2020 in Reference No.4424/DRDM/C3/SARGAESI/2016 and in support of the same, she has also filed a counter affidavit dated 27.01.2020 to that effect. The said proceedings of the respondent along with the counter affidavit are taken on file and record.
(5)In the light of the said development, nothing remains for further adjudication in this writ petition.
(6)Accordingly, the writ petition stands closed. No costs. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To The District Collector cum District Magistrate Vazhudavoor Road, Pettaiyanchathiram Puducherry 605 009.
+1 Cc to Mr.A.V. Arun, Advocate sr 6806.
+1 CC to The Govt. Pleader sr 6510.
WP.No.35799/2019 RSV(CO) SP(25/02/2020) https://hcservices.ecourts.gov.in/hcservices/