Cholamandalam Investment and Finance Company Limited Vs… — Banking and Recovery | Patna HC (2025)

Cholamandalam Investment and Finance Company Limited Vs… — Banking and Recovery | Patna HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage, with consent of counsel, by directing respondent No. 2 (District Magistrate, Saran) to consider the petitioner's Section 14 SARFAESI Act, 2002 application in accordance with law and take necessary steps on merits, completing the exercise preferably within eight weeks of receipt of a copy of the order, after putting all necessary parties on notice and giving them an opportunity of hearing.

Issue for consideration

Whether respondent No. 2 (District Magistrate, Saran) would consider and dispose of the petitioner's pending application/representation under Section 14 of the SARFAESI Act, 2002.

Court's answer

The writ petition was disposed of directing respondent No. 2 to consider the petitioner's Section 14 SARFAESI Act application in accordance with law and take necessary steps on merits.

Ratio / Principle

The entire exercise shall be completed as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of the order.

Key takeaways

Before taking any steps, all the necessary parties shall be put on notice and given an opportunity of hearing.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), by oral order dated 03-07-2025, disposed of Civil Writ Jurisdiction Case No.5000 of 2025 at the stage of admission with the consent of both counsel. Filed by Cholamandalam Investment and Finance Company Limited, the petition's sole prayer was disposal of its application/representation under Section 14 of the SARFAESI Act, 2002 pending before respondent No. 2, the District Magistrate, Saran. The Court directed respondent No. 2 to consider the said application in accordance with law and take necessary steps on merits, to complete the entire exercise as expeditiously as possible, preferably within eight weeks from receipt of a copy of the order, and, before taking any steps, to put all necessary parties on notice and give them an opportunity of hearing. With the above direction, the writ petition stood disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5000 of 2025

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Cholamandalam Investment and Finance Company Limited having its Registered office at Chola Crest C- 54 and 55 Super B-4, Thiruvi ka Industrial Estate, Guinday, Chennai- 600032, regional office at 55 and 55/1, Chowringhee Road, 4th Floor, Chowringhee Court, Opp- Neheru Childrens museum in Rabindra Sadan, Kolkata- 700071, as well as Branch office at Ahluwalia Building, Exhibition Road, Near- Prerma Honda Service Center, Patna Bihar- 800001 and represented through Area Collection Manager and authorized representative Mr. Sanjeet Kumar, Male, aged about 36 years.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, General Administration, Government of Bihar, New Secretariat, Bailey Road, Patna - 800014.

The District Magistrate, Saran.

The In Charge Officer, District Certificate Section, Saran.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Dayanand Singh For the Respondent/s : Mr. Standing Counsel (09) ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

2 03-07-2025

The present writ petition is disposed of at the stage of

admission with the consent of both the counsel.

Having regard to the fact that the only prayer sought for in the present writ petition is for disposal of the application/ representation made by the petitioner under Section 14 of the SARFAESI Act, 2002 before the respondent No. 2 herein.

The present writ petition is disposed of directing the respondent No. 2 herein to consider the said application made by the petitioner in accordance with law and take

Patna High Court CWJC No.5000 of 2025(2) dt.03-07-2025 2/2

necessary steps on merits. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. It is needless to mention that before taking any steps, all the necessary parties shall be put on notice and given an opportunity of hearing.

With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J)

Ayush/-

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