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State Bank of India Stressed Asset Management Branch, Rep. by Chief Manager Vs. The District Magistrate / District Collector, Office of the Coimbatore - Court Judgment

LegalCrystal Citation
CourtChennai High Court
Decided On
Case NumberW.P. No. 35951 of 2016
Judge
AppellantState Bank of India Stressed Asset Management Branch, Rep. by Chief Manager
RespondentThe District Magistrate / District Collector, Office of the Coimbatore
Excerpt:
.....we permitted the learned counsel for the petitioner to serve the entire cause papers on the learned government pleader, returnable on 24.10.2016. matter came up yesterday and learned special government pleader, wanted time. thus, it is listed today. 3. though, no instructions have been received, yet the learned special government pleader submitted that if the application under section 14 of sarfaesi act, is pending, the district magistrate / district collector, coimbatore, be directed to pass orders, in accordance with law. 4. placing on record the above submission, we direct the said authority to pass orders on the petition dated 16.06.2016, duly following the procedure contemplated under section 14 of the act, within the statutory period, as provided therefor, under the said.....
Judgment:

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to take necessary action under Section 14 of the SARFAESI Act within its specified period on the basis of the petition filed on 16.06.2016 and hand over possession of the properties.)

S. Manikumar, J.

1. State Bank of India, Stressed Asset Management Branch, represented by its Chief Manager, Coimbatore has sought for a direction to the respondent herein viz., the District Magistrate/District Collector, Coimbatore, to take necessary action under Section 14 of the SARFAESI Act within a specified period on the basis of the petition filed on 16.06.2016 and hand over possession of the properties.

2. On 17.10.2016, when the matter came up for hearing, we permitted the learned counsel for the petitioner to serve the entire cause papers on the learned Government Pleader, returnable on 24.10.2016. Matter came up yesterday and learned Special Government Pleader, wanted time. Thus, it is listed today.

3. Though, no instructions have been received, yet the learned Special Government Pleader submitted that if the application under Section 14 of SARFAESI Act, is pending, the District Magistrate / District Collector, Coimbatore, be directed to pass orders, in accordance with law.

4. Placing on record the above submission, we direct the said authority to pass orders on the petition dated 16.06.2016, duly following the procedure contemplated under Section 14 of the Act, within the statutory period, as provided therefor, under the said section.

5. With the above directions, the Writ petition is disposed of. No costs.


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