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Madras High CourtWP(MD)/9663/2021disposed of

M/S.Iifl Home Finance Limited v. The Chief Judicial Magistrate

2021-06-03Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P(MD)No.9663 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P(MD)No.9663 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-400 051, and its Branch Office at presently, No.1, Kences Tower, 3rd Floor, Office No.3E, Ramakrishna Street, North Usman Road, T.Nagar, Chennai-600 017, through its Authorized Officer, T.Vijayakumar.

... Petitioner Vs.

The Chief Judicial Magistrate, Trichy District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent, the Chief Judicial Magistrate, Trichy to expeditiously dispose of the petitionfiled by the petitioner under Section 14 of the SARFAESI Act and received by the respondent on 13.12.2020 in Crl.M.P.No.2327 of 2020, pending before the respondent the Chief Judicial Magistrate, Trichy.

For Petitioner : Mr.S.Vellaichamy For Respondent : Mr.A.K.Manickam Senior Counsel

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.S.Vellaichamy, learned counsel appearing for the petitioner and Mr.A.K.Manickam, learned Senior counsel appearing for the respondent.

2.The petitioner is a Non-Banking Finance Company (NBFC) and they seek for a direction to dispose of the application filed by https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.9663 of 2021 them under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), which has been filed by the petitioner on 13.12.2020. 3.It is not clear as to what is the present stage of the proceedings. However, considering the present circumstances, we cannot issue any positive direction on account of reduced functioning of Court and reduced number of staff members. However, we can request the Court of the Chief Judicial Magistrate, Trichy, to dispose of the application as expeditiously as possible, soon after the Courts commence functioning after the Pandemic. 4.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Mrn/Cp/Rm 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, Trichy District.

+1 CC to M/s.K.KUMARAVEL, Advocate ( SR-14562[F] dated 30/03/2021 ) ORDER MADE IN W.P(MD)No.9663 of 2021 03.06.2021 CN(16.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2