M/S. Iifl Home Finance Ltd., v. The Chief Judical Magistrate

W.P.[MD]No.7937 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.7937 of 2021 M/s. IIFL Home Finance Limited, Formerly known as M/s. India Infoline Housing Finance Ltd (IIFL), Having its registered office at 12A-10, 13th Floor, Parinee Crescenzo, C-38 and C-39, G Block, Behind MCA, Bandra Kurla Complex, Bandra East, Mumbai - 400051.

And Its Branch office at No.1, Kences Tower, 3rd Floor, Office No.3E, Ramakrishna Street, North Usaman Road, T.Nagar, Chennai - 600 017.

Through its Authorized Officer, R.Frazer ... Petitioner Vs.

The Chief Judicial Magistrate, Madurai District, Madurai.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent, the Chief Judicial Magistrate, Madurai to expeditiously dispose of the petition Crl.M.P.No.13 of 2021 filed by the petitioner u/s. 14 of the SARFAESI Act and received by the respondent, the Chief Judicial Magistrate, Madurai on 09.12.2020, pending before the respondent, the Chief Judicial Magistrate, Madurai. For Petitioner : Mr.S.Vellaichamy

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned Counsel appearing for the petitioner. 2.The petitioner is a non-bank financial institution, which has filed an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7937 of 2021 Interest Act, 2002, to take possession of the secured asset and the petition has been taken on file as Crl.M.P.No.13 of 2021, by the Court of Chief Judicial Magistrate, Madurai. Since the matter is pending since December, 2020, the petitioner financial institution is before this Court seeking for a direction upon the concerned Court to dispose of the application within a reasonable time. 3.It is not clear as to what is the work load of the Chief Judicial Magistrate, Madurai. In any event, the application having been filed in December, 2020, it is appropriate that the petition is decided at the earliest. Therefore, we direct the learned Chief Judicial Magistrate, Madurai, to take up the said petition and dispose of the same as expeditiously as possible, preferably within a period of twelve [12] weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petitions stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-I) // 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, Madurai District, Madurai.

The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.VELLAICHAMY, Advocate ( SR-16122[F] dated 17/04/2021 ) ORDER MADE IN W.P.[MD]No.7937 of 2021 DATED 17.04.2021 AS(24.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2