Disposed

M/S.Iifl Home Finance Limited v. the Chief Judicial Magistrate

Madras HC3 Jun 2021WP(MD)/9663/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed by IIFL Home Finance Limited seeking directions to expedite proceedings under Section 14 of the SARFAESI Act. Due to reduced functioning and staff shortages caused by the pandemic, the court directed the Chief Judicial Magistrate to dispose of the matter expeditiously once courts commence full functioning.

What did the court decide?

The petitioner was directed to request the respondent court to dispose of the application arising under Section 14 of the SARFAESI Act expeditiously once courts resume full functioning after the pande

M/S.Iifl Home Finance Limited Vs the Chief Judicial… — Banking and Recovery | Madras HC (2021)

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W.P(MD)No.9663 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2021 CORAM:

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

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and

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THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P(MD)No.9663 of 2021

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M/s IIFL Home Finance Limited, Formerly known as M/s India Infoline Housing Finance Ltd(IIFL), having its registered office at 12A-10, 13^th Floor, Parinee Crescenzo, C-38 and C-39, G Block, Behind MCA, Bandra Kurla Complex, Bandra East, Mumbai-400 051, and its Branch Office at presently, No.1, Kences Tower, 3^rd Floor, Office No.3E, Ramakrishna Street, North Usman Road, T.Nagar, Chennai-600 017, through its Authorized Officer, T.Vijayakumar.

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... Petitioner

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Vs.

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The Chief Judicial Magistrate, Trichy District.

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... Respondent

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent, the Chief Judicial Magistrate, Trichy to expeditiously dispose of the petitionfiled by the petitioner under Section 14 of the SARFAESI Act and received by the respondent on 13.12.2020 in Crl.M.P.No.2327 of 2020, pending before the respondent the Chief Judicial Magistrate, Trichy.

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For Petitioner : Mr.S.Vellaichamy For Respondent : Mr.A.K.Manickam Senior Counsel

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ORDER [Order of the Court was made by T.S.SIVAGNANAM, J. ]

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We have heard Mr.S.Vellaichamy, learned counsel appearing for the petitioner and Mr.A.K.Manickam, learned Senior counsel appearing for the respondent.

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2.The petitioner is a Non-Banking Finance Company (NBFC) and they seek for a direction to dispose of the application filed by https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No.9663 of 2021

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them under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), which has been filed by the petitioner on 13.12.2020.

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3.It is not clear as to what is the present stage of the proceedings. However, considering the present circumstances, we cannot issue any positive direction on account of reduced functioning of Court and reduced number of staff members. However, we can request the Court of the Chief Judicial Magistrate, Trichy, to dispose of the application as expeditiously as possible, soon after the Courts commence functioning after the Pandemic.

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4.With the above direction, the Writ Petition is disposed of. No costs.

// True Copy //

Mrn/Cp/Rm

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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The Chief Judicial Magistrate, Trichy District.

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+1 CC to M/s.K.KUMARAVEL, Advocate ( SR-14562[F] dated 30/03/2021 )

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ORDER MADE IN W.P(MD)No.9663 of 2021

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03.06.2021

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CN(16.06.2021) 2P 3C

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

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M/S.Iifl Home Finance Limited v. the Chief Judicial Magistrate

Case brief

What is this about?

What did the court decide?

M/S.Iifl Home Finance Limited v. the Chief Judicial Magistrate

Case brief

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