Bank loan recovery; the petitioner sought a writ under Article 226 to compel the respondent to act under Section 14(1) of the SARFAESI Act. The writ was dismissed as infructuous because a positive order had already been passed by the respondent, making further adjudication unnecessary.
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.
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.12.2019
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MRS. JUSTICE R.HEMALTHA
WP.No.28085 of 2019
M/s/Shriram Housing Finance Ltd rep.by its Authorized Officer, Mrs.Asha Lukose ...Petitioner
Vs
The District Collector, The District Magistrate, Kancheepuram Collectorate, Kancheepuram District.
..... Respondent
PRAYER:Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the respondent to pass orders on the petition filed on 29.01.2019 under Section 14(1) of SARFAESI Act within the time stipulated by this Court.
For Petitioner : Mr.Ajmal Azzatti
For Respondents: Mr.Akhil Akbar Ali Government Advocate
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,]
The petitioner / financial institution prays for appropriate direction directing the sole respondent to pass orders on the petition dated 29.01.2019 filed under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act). The learned counsel for the petitioner, on instructions, would submit that a positive order came to be passed by the respondents.
1
In the light of the said development, nothing remains for further adjudication in this Writ Petition. Therefore, the Writ Petition is dismissed as infructuous. No costs.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
sk
To
The District Collector,
The District Magistrate,
Kancheepuram Collectorate,
Kancheepuram District.
WP.No.28085 of 2019
bp(co)
nr 28/01/2020
2
2 provisions across 2 enactments
M/s/Shriram Housing Finance Ltd rep.by its Authorized Officer, Mrs.Asha Lukose
The District Collector, The District Magistrate, Kancheepuram Collectorate, Kancheepuram District.
M. Sathyanarayanan
R. HemaLatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
