STANDARD CHARTERED BANK Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Standard Chartered Bank, represented by its Authorised Officer, has sought for a writ of mandamus, directing the District Collector cum District Magistrate, Coimbatore, to pass orders, on the petitioner's application, dated 8/9/2017, filed under Section 14 of the SARFAESI Act, 2002.

(2.) Heard the learned counsel for the petitioner and the learned Government Advocate, appearing for the first respondent and perused the materials available on record.

(3.) As per 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 application. 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.