Court directed the District Magistrate to expeditiously decide a petition under Section 14 of the SARFAESI Act seeking assistance for taking over possession of a secured asset filed on 29.09.2014.
Direction to the respondent to take up the matter and decide it on its own merits expeditiously, preferably 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. No.5401 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 Vs. The District Magistrate/District Collector Salem District Salem - 636 001 Respondent
Writ Petition 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 petition dated 29.09.2014 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
For respondent Mr. N. Sakthivel Government Advocate
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.)
The grievance of the petitioner is that the petitioner had filed a petition 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 29.09.2014, 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.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
cad
To
The District Magistrate/District Collector
Salem District
Salem 636 001.
W.P. No.5401 of 2015
ku(co)
pmk.30.3.2015
1 issue framed by the court
Whether the District Magistrate should be directed to consider and pass orders on the petitioner's petition for assistance in taking over possession of a secured asset under Section 14 of the SARFAESI
3 provisions across 2 enactments
Sundaram BNP Paribas Home Finance Ltd.
The District Magistrate/District Collector
SATISH K. AGNIHOTRI
M. VENUGOPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
