High CourtsDivision Bench(2019) 08 MAD CK 0054

M/s.Equitas Small Finance Bank Limited vs District Magistrate/District Collector And Others

Madras High Court · Decided on 16 August 2019

HON’BLE JUDGES
Vijaya K.Tahilramani, CJ · M.Duraiswamy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 23977 Of 2019

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Judgment

7 paragraphs · 251 words

Vijaya K.Tahilramani, CJ

1.

Mr.S.N.Parthasarathi, learned Government Advocate accepts notice on behalf of the first respondent.

2.

This writ petition has been filed by the petitioner seeking a writ of mandamus directing the first respondent to pass orders on the petition dated 06.05.2019 filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'SARFAESI Act').

3.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent.

4.

The learned counsel appearing for the petitioner submitted that though the petition was filed by the petitioner on 06.05.2019, the first respondent-District Collector has not disposed of the same till date. He submitted that in view of the long pendency of the matter, the petitioner is not in a position to take possession of the property.

5.

Having regard to the submission made by the learned counsel for the petitioner and taking note of the limited prayer sought for in this writ petition, without expressing any opinion on the merits of the case, we direct the first respondent to consider and pass orders on the petition dated 06.05.2019 filed by the petitioner under Section 14 of the SARFAESI Act on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving notice to all concerned.

6.

With the above observation, the writ petition is disposed of. No costs.