The High Court directed the District Magistrate/Collector in Salem to consider petitions filed under Section 14 of the SARFAESI Act by the petitioner for taking possession of secured assets and to pass orders within six weeks.
Respondent directed to consider petitions under SARFAESI Act and decide them expeditiously within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI
AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL
W.P. Nos.5398 to 5400 of 2015
Sundaram BNP Paribas Home Finance Ltd. Represented by its Authorised Officer N. Udayakumar 46 Whites Road SF Towers – I Floor Royapettah Chennai 600 014 Petitioner in all the WPs
Vs.
The District Magistrate/District Collector Salem District Salem Respondent in all the WPs
Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to consider and pass orders on the petitioner's petitions dated 30.06.2014 filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
For petitioner Mr. K.J. Parthasarathy in all the WPs
The grievance of the petitioner is that the petitioner had filed petitions under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act") on 30.06.2014, seeking assistance of the respondent for taking over possession of the secured asset in furtherance of exercise under Section 13(4) of
the SARFAESI Act. However, the respondent has not taken any step so far when the object of the said provisions is to extend assistance to secure possession of the secured asset, at the earliest.
2 issues framed by the court
Whether the District Magistrate/Collector can be directed to consider petitions filed under Section 14 of the SARFAESI Act to facilitate taking possession of secured assets.
Whether the respondent-District Magistrate/Collector is required to decide the petitioner's applications expeditiously.
2 provisions across 2 enactments
Sundaram BNP Paribas Home Finance Ltd.
The District Magistrate/District Collector Salem District Salem
Satish K. Agnihotri
M. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
