Disposed

M/s.Iifl Home Finance Ltd. v. The Chief Judicial Magistrate

Madras HC6 Jul 2021WP/13776/2021

Case brief

AI extract

What is this about?

This Writ Petition under Article 226 by a secured creditor sought a direction to expedite the disposal of a request filed under Section 14 of the SARFAESI Act. The High Court directed the Chief Judicial Magistrate to dispose of the request within four weeks, acknowledging pandemic-related delays but emphasizing the need for prompt action post-lockdown relaxation.

What did the court decide?

Direction to the Respondent Chief Judicial Magistrate to dispose of the Section 14 request within four weeks.

M/s.Iifl Home Finance Ltd. Vs The Chief Judicial… — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.07.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.13776 of 2021

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M/s. IIFL Home Finance Ltd. Formerly known as India Infoline Housing Finance Ltd (IIFL) Having its registered office at 12-A-10, 13th Floor, Parinee Crescenzo C-38 & C-39, G Block, Behind MCA Bandra Kurla Complex, Bandra East Mumbai 400 051.

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Branch Office presently at: 3rd Floor, Kences Towers New No.1, Ramakrishna Street North Usman Road, T.Nagar Chennai 600 017 Through its Authorised Officer T.Vijayakumar ..Petitioner Vs.

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The Chief Judicial Magistrate Chengalpet District.

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..Respondent

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent The chief Judicial Magistrate, Chengalpet to expeditiously dispose of the petition Crl.M.P.No.1242 of 2021 filed by the petitioner under Section 14 of the SARFAESI Act and received by the respondent on 12.02.2020 pending before the respondent.

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For Petitioner : Mr.V.Balasubramani

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

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ORDER

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(Made by the Hon'ble Chief Justice)

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This is another petition by a secured creditor within the definition of that expression in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, seeking a direction on the authority approached under Section 14 of the said Act to deal with the relevant request expeditiously.

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It appears that the petitioner has approached the respondent Magistrate on February 12, 2021 and the request has not been disposed of yet.

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There is no doubt that the lockdown imposed in the interregnum may have impeded the expeditious disposal of the request. However, since the lockdown has been substantially relaxed, the respondent will do well to dispose of the relevant request in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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The respondent is reminded that no notice need be issued to any person and the respondent can pass appropriate orders in accordance with law upon satisfying himself that the declarations required to be furnished in terms of the relevant provision have been furnished by the petitioning secured creditor.

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W.P.No.13776 of 2021 is disposed of without any order as

to costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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tar/kpl To

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The Chief Judicial Magistrate, Chengalpet District.

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W.P.No.13776 of 2021

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AK-II (CO) SU (12.07.2021)

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

M/s.Iifl Home Finance Ltd. v. The Chief Judicial Magistrate

Case brief

What is this about?

What did the court decide?

M/s.Iifl Home Finance Ltd. v. The Chief Judicial Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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