M/S. FEDERAL BANK LTD. Vs. THE DISTRICT MAGISTRATE CUM DISTRICT COLLECTOR, O/O THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, THIRUVALLUR DISTRICT AND OTHERS

JUDGEMENT

(1.) For taking physical possession, M/s. Federal Bank Ltd., represented by its authorised officer, Chennai, has filed applications, dated 15.06.2017 and 31.05.2017 respectively, under Section 14(1) of the Sarfaesi Act, 2002, to the District Magistrate cum District Collector, Thiruvallur District and the District Magistrate cum District Collector, Kancheepuram District, respondents 1 and 2 herein, in both the Writ Petitions. As the above said applications are pending till date, the petitioner has sought for a writs of mandamus, directing the respective respondent, to pass orders.

(2.) On this day, when the writ petitions came up for admission, on instructions, from the Office of the District Magistrate cum District Collector, Thiruvallur District and the District Magistrate cum District Collector, Kancheepuram District, respondent herein, in both the Writ Petitions, Mr. M. Elumalai, learned Government Advocate. submitted that orders are yet to be passed in the applications, filed under Section 14(1) of the SARFAESI Act, 2002. Enquiry is yet to be completed and he prayed for four weeks time.

(3.) Section 14 of the SARFAESI Act, 2002 mandates that on receipt of an affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit, pass suitable orders for the purpose of taking possession of the secured assets, within a period of 30 days from the date of applications. Proviso to the said Section states that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate, within the said period of thirty days, for the reasons beyond his control, he may after recording reasons, in writing, for the same, pass the order within such also period but not exceeding in aggregate 60 days.