Disposed

M/S.Asset Reconstruction Company (India) Ltd. v. Ms.Rohini Bhajibhakare I.A.S

Madras HC24 Jun 2019CONT P/936/2019

Case brief

AI extract

What is this about?

The Court in this contempt petition held there was no willful act of contempt by the District Collector. The respondent was assured it would dispose of a Section 14 SARFAESI application by July 1, 2019. Consequently, the Court did not retain or dismiss the petition but closed it without costs.

What did the court decide?

Contempt petition closed. No costs. No further action taken regarding the underlying dispute in WP No. 18339 of 2018 at this stage.

M/S.Asset Reconstruction Company (India) Ltd. Vs Ms.Rohini… — Contempt of Court | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.06.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR

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and

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THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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Cont.P.No.936 of 2019

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M/s.Asset Reconstruction Company (India) Ltd., Rep. by its Authorised Officer, The Ruby, 10th Floor, 29, Senapati Bapat Marg, Dadar (West), Mumbai - 400 028. .. Petitioner

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Versus

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Ms.Rohini Bhajibhakare, IAS, The District Collector (The District Magistrate), Salem District, Salem. .. Respondent

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Prayer: This Contempt Petition filed under Section 11 of the Contempt of Court Act, 70/71 to punish the respondent for having committed contempt of Court for disobeying the order dated 19.07.2018 made in WP.No.18339 of 2018.

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For Petitioner : Mr.Ilaya Raja for M/s.Ramalingam and Associates. For Respondent : Mr.E.Manoharan Additional Government Pleader

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O R D E R

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(Order of the Court was made by S.MANIKUMAR, J. )

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Alleging willful disobedience in not complying with https://hcservices.ecourts.gov.in/hcservices/ the order dated 19.07.2018 in WP No.18339 of 2018, M/s.Asset

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Reconstruction Company (India) Ltd., has filed the instant contempt petition against the District Collector, Salem District.

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On 19.06.2019, when the matter came up for
hearing we directed Mr.E.Manoharan, learned Additional
Government Pleader to get appropriate instructions.

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Judicial notice can be taken in respect of duties and functions of the District Collector, under various

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enactments, implementation of the social welfare schemes, measures to be taken at times of emergency situation. As the head of revenue administration in district, the Collector is responsible for the following functions:

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loans.

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

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(vi) To exercise the power of land acquisition officer, that is, acquiring land for the purpose of colonisation, industry, slum clearance, capital construction and so on.

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(vii) To implement land reforms.

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(viii) To look after the welfare of the agriculturists.

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(ix) To make an assessment of losses of crops and recommend relief during natural calamities like fire, drought and flood.

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(x) To supervise treasury and subtreasury.

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(xv) To pay Zamindari abolition compensation.

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In the light of the submission of the learned

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Additional Government Pleader and taking note of the duties and responsibilities of the District Collector, we are of the view that there is no willful and deliberate act of contempt committed by the respondent.

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Inasmuch as the District Collector, Salem District has assured that application dated 20.12.2016 filed under Section 14 of the SARFAESI Act, 2002, would be disposed of by 01.07.2019, we are not inclined to retain

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

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the instant contempt petition, and thus, dispose of the same. We make it clear that assurance made before this Court should be honoured. Contempt Petition is closed. No Costs.

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SD/-
ASSISTANT REGISTRAR(COMM.CASES)
ars/skm
//Certified to be true copy//
Dated at Madras this the day of 2019.
COURT OFFICER(O.S.)
from 25 th day of September 2008 the Registry is issuing
Certified copies of the Orders/Judgments/Decrees in this
format.
Sim/25/07/2019
To
Ms.Rohini Bhajibhakare, IAS,
The District Collector
(The District Magistrate),
Salem District, Salem.

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

M/S.Asset Reconstruction Company (India) Ltd. v. Ms.Rohini Bhajibhakare I.A.S

Case brief

What is this about?

What did the court decide?

M/S.Asset Reconstruction Company (India) Ltd. v. Ms.Rohini Bhajibhakare I.A.S

Case brief

What is this about?

What did the court decide?

What the court decided

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