Allowed

M/s. Hdfc Bank Ltd., v. The District Collector

Madras HC25 Oct 2017WP/27302/2017

Case brief

AI extract

What is this about?

The High Court issued a writ of mandamus directing the District Collector and District Magistrate, Erode, to dispose of an application under Section 14 of the SARFAESI Act within six weeks, adhering to the Act's statutory parameters.

What did the court decide?

The writ petition is allowed; the District Magistrate and District Collector, Erode District, are directed to pass orders on the application dated 23.05.2017 within six weeks.

M/s. Hdfc Bank Ltd., Vs The District Collector — Banking and Recovery | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.10.2017

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CORAM:

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THE HON'BLE MR.JUSTICE S.MANIKUMAR

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AND

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THE HON'BLE MR.JUSTICE R.SURESH KUMAR

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M/s.HDFC Bank Ltd., Represented by its Authorised Officer, No.110, Ceebros Buildings, 4th Floor, Nelson Manickam Road, Aminjikarai, Chennai - 600 029. ... Petitioner vs.

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The District Collector, Erode Collectorate, Erode - 638 011 ... Respondent

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WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, direct the respondent herein to pass necessary order in the application dated 23.05.2017 filed by the petitioner under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, within a time frame to be fixed by this Hon'ble Court.

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For Petitioner : Mr.D.Sathyaraj For Respondent : Mr.M.Elumalai Government Advocate.

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ORDER

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For taking possession of the property mortgaged, HDFC Bank, Chennai has filed an application dated 23.05.2017 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, before the District Magistrate and District Collector, Erode District. Said application, has not been disposed of. Hence, mandamus is sought for, directing the District Magistrate and District Collector, Erode District, to pass orders within a time

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https://hcservices.ecourts.gov.in/hcservices/

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frame to be fixed by this Court.

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On this day, when the matter came up for admission, on instructions, from the District Magistrate and District Collector, Erode District, respondent herein, Mr.Elumalai, learned Government Advocate submitted that given a reasonable time, orders would be passed under Section 14 of the SARFAESI Act, 2002.

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Placing on record the abovesaid submission and having regard to the statutory provision, Section 14 of the SARFAESI Act, 2002 and the date on which the application has been filed, we direct the District Magistrate and District Collector, Erode District, to pass orders on the application dated 23.05.2017, within a period of six weeks from today and while doing so, the said authority is directed to consider the parameters, set out in Section 14 of the SARFAESI Act, 2002.

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Accordingly, writ petition is allowed. Learned Government Advocate is directed to communicate the orders of this Court to the District Magistrate and District Collector, Erode District, so as to enable him to pass orders, as directed. No costs. -Sd/Assistant Registrar // True Copy // Sub Assistant Registrar To 1 The District Collector, Erode Collectorate, Erode - 638 011.

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2 The District Magistrate, Erode District.

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1 cc to Mr.D.Sathyaraj, Advocate Sr.No.76094 W.P.No.27302 of 2017 RRI 13/11/2017

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https://hcservices.ecourts.gov.in/hcservices/

M/s. Hdfc Bank Ltd., v. The District Collector

Case brief

What is this about?

What did the court decide?

M/s. Hdfc Bank Ltd., v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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