Madras High CourtWP(MD)/2664/2021disposed of

Iifl Home Finance Ltd., v. The Chief Judicial Magistrate

2021-02-12Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.2664 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.2664 of 2021 (Through Video Conferencing) M/s.IIFL Home Finance Limited Formerly known as M/s.India Infoline Housing Finance Limited At No.12A-10, 13th Floor, Parinee Crescenzo C-38 and C-39 G Block, Behind MCA Bandrakurla Complex Bandra East, Mumbai-400 051 and its Branch office at IIFL 9th Floor, Basconfutura, No.10/1 Venkatanarayanan Road T.Nagar, Chennai-600 017 Through its Authorized Officer R.Frazer : Petitioner Vs.

The Chief Judicial Magistrate Theni District.

: Respondent PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondent to expeditiously dispose of the petition filed by the petitioner under Section 14 of the SARFAESI Act and received by the respondent on 25.11.2019 in Cr.M.R.SR2886 pending before the respondent.

For Petitioner : Mr.S.Vellaichamy

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition seeking a direction to the respondent to expedite the process of passing order under Section 14 of the SARFAESI Act.

2. The learned counsel for the petitioner submitted that though the said application is filed in the year 2019, it is yet to be disposed of. There is very limited role available to the respondent in this regard, especially, when the petitioner is the lender and the proceedings have become concluded against the borrower, who is also not entitled to notice in law. Therefore, passing appropriate https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2664 of 2021 orders, the petitioner is before this Court.

3.Considering the said submission, we direct the respondent to number the said petition filed, if not numbered already and dispose of the same, within eight weeks from the date of receipt of a copy of this order.

4. The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Chief Judicial Magistrate Theni District.

W.P.(MD)No.2664 of 2021 Dated: 12.02.2021 ES(CO) KB(23.02.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2