Bench directed Tahsildar to submit report within two weeks and Collector to pass orders within a further two weeks regarding Section 14 SARFAESI Act application, disposing the petition.
Direction to Tahsildar to submit report within two weeks and District Collector to pass orders within a further two weeks from receipt of order.
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 : 04.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.34307 of 2017
and
W.M.P.No.38178 of 2017
M/s.DCB Bank Ltd.,
Registered Officer at No.601 & 602, Peninsula Business Park, 6th Floor, Tower A Sebboatu Bapet Mark, Lower Pard Mumbai-400 013. Branch Office at No.6, Rajaji Road, 1st Floor, Nungambakkam, Chennai 600 034.
Rep. by its Senior Manager. .. Petitioner
Vs.
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2.The Tahsildar,
Ambattur. .. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the second respondent to pass orders on an application filed under Section 14 of the SARFAESI Act by the petitioner bank relating to the file Spl.Reg.No.76/2015/M2, dated 16.10.2015, within a time frame.
For Petitioner : M/s.Christella
For Respondents : Mr.M.Elumalai
Government Advocate
ORDER
(Order of the Court was made by S.MANIKUMAR, J.)
M/s.DCB Bank Ltd., Chennai, has filed instant writ petition, for a mandamus, directing the second respondent, to pass orders on the application, filed under Section 14 of the SARFAESI Act, taken on record, in Spl.Reg.No.76/2015/M2, dated 16.10.2015, within a time frame.
Sd/Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
DM
To
+1cc to Mr.M.Christella, Advocate, S.R.No.863
+1cc to the Government Pleader, S.R.No.824
W.P.No.34307 of 2017
and W.M.P.No.38178 of 2017
KAN(CO)
RRK(08/01/2018)
1 issue framed by the court
Whether the writ petition is maintainable for directing the Tahsildar to submit his report and the Collector to pass orders on an application under Section 14 of the SARFAESI Act.
2 provisions across 2 enactments
M/s.DCB Bank Ltd.
The District Collector, Thiruvallur District
The Tahsildar, Ambattur
S.MANIKUMAR
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
