Disposed

The Authorized Officer v. The Honourable Chief Judicial Magistrate

Madras HC6 Sept 2021WP/18506/2021

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition seeking a direction to the Chief Judicial Magistrate to act expeditiously. The court directed the authority to dispose of a Section 14 SARFAESI Act request within four weeks of receiving the order.

What did the court decide?

Directed the 1st respondent to dispose of the Section 14 application within four weeks.

The Authorized Officer Vs The… — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:06.09.2021

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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 P.D.AUDIKESAVALU

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W.P.No.18506 of 2021

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The Authorized Officer Central Bank of India No. 19-A M.G.Road Hosur 635 109 ...Petitioner

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The Chief Judicial Magistrate Krishnagiri

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M/s. Uma Kumar Hospital Rep. by its Partners Plot No. 54 Bangalore Bye Pass Road Hosur 635 109 ...Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the 1st respondent to dispose of the application filed under Section 14 of SARFAESI Act on 6/11/2020 within a timeframe.

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For the Petitioner : Mr.M.L.Ganesh

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(Order of the Court was made by The Hon'ble Chief Justice)

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This is another petition seeking a direction on the authority in receipt of a request under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 to act expeditiously and render the requisite assistance in accordance with law.

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It has been pointed out in several previous matters that it is imperative that the authority approached under Section 14

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

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of the Act should dispose of the request as expeditiously as possible and within the time-frame indicated in the provision itself. It has also been emphasised that no adjudicatory function is discharged by the relevant authority in receipt of a request under Section 14 of the said Act. In such context, the order of this court passed on W.P.No.5098 of 2021 dated April 23, 2021 may be referred to.

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W.P.No.18506 of 2021 is disposed of requesting the Chief Judicial Magistrate, Krishnagiri to immediately take up the petitioner's request under Section 14 of the Act and dispose of the same in accordance with law within four weeks of the receipt of a copy of this order.

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