Madras High Court
The Authorized Officer vs 2 M/S.Sri A.L.Kempe Gowda ... on 1 September, 2021
W.P.No.18297 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.18297 of 2021
The Authorized officer
Central Bank of India
No.19-A M.G. Road
Hosur 635 109. ... Petitioner
Vs
1 The Chief Judicial Magistrate
Krishnagiri Tamil Nadu
2 M/s.Sri A.L.Kempe Gowda Charitable Trust
Represented by its Trustees
No.5 Kempe Gowda Garden Kelamangalam road
Arasakppam Village Denkanikottai 635 107
Krishnagiri District ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the 1st Respondent to
dispose of the application filed under Section 14 of SARFAESI Act on
29/10/2020 within a time frame.
For the Petitioner : Mr.M.L.Ganesh
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W.P.No.18297 of 2021
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
In view of the order proposed to be made, no previous notice is
issued to the respondents.
2. The petitioner intends to proceed against the securities
furnished by the second respondent borrower under the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002. The petitioner says that a request for
administrative assistance made under Section 14 of the Act to the first
respondent on October 29, 2020 has not yet been attended to.
3. It has been continuously pointed out by this court that
authorities in receipt of any request under Section 14 of the said Act
must attend to them with expedition. The very purpose of the Act of
2002 is to ensure that blocked finances are unblocked upon the
securities being sold. It is towards such end that certain official
functionaries have been given the authority to render administrative
assistance to a secured creditor under Section 14 of the Act. Indeed,
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W.P.No.18297 of 2021
as noticed in several previous judgments of this court, Section 14 of
the Act does not conceive of any adjudicatory function. Certain
declarations have to be furnished by a secured creditor and the
authority in receipt of such request under Section 14 of the Act has
only to accept the declarations at face value without seeking to
ascertain the veracity thereof. The concerned official is required to
render expeditious assistance to enable the secured creditor to have
access to the security or to the documents pertaining to the security.
4. There is no doubt that the intervening second surge of the
pandemic prevented the first respondent from taking up the request of
the petitioner in right earnest.
5. W.P.No.18297 of 2021 is disposed of by requesting the first
respondent Magistrate to take up the petitioner's request under
Section 14 of the said Act and dispose of the same within a period of
four weeks of the receipt of a copy of this order. Usually, the
concerned official in receipt of a request under Section 14 of the Act
has to provide the assistance to the extent reasonable.
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W.P.No.18297 of 2021
6. The petitioner will immediately forward copies of the petition
and this order to the respondents. There will be no order as to costs.
(S.B., CJ.) (P.D.A., J.)
01.09.2021
Index : no
sra
To:
1 The Chief Judicial Magistrate
Krishnagiri Tamil Nadu
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W.P.No.18297 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
W.P.No.18297 of 2021
01.09.2021
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