Madras High Court
Asset Reconstruction Company (India) ... vs L.S.P.Agro Limited on 5 March, 2025
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P.No.5279 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2025
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.No.5279 of 2025
Asset Reconstruction Company (India) Limited,
having its registered office at
The Ruby, 10 th Floor,
29, Senapati Bapat Marg,
Dadar (West), Mumbai-400 028
through its Authorised Officer V.Ragothaman. .. Petitioner
vs
1.L.S.P.Agro Limited,
12, Ponneri High Road,
Elanthancherry,
Andarkuppaam Check Post,
Manali New Town,
Chennai-600 103
Also at
L.S.P. Agro Limited,
298-B, Suramangalam Main Road,
Salem-636 009.
2.B.S.Krishnan .. Respondents
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 08:49:09 pm )
W.P.No.5279 of 2025
Prayer : Petition under Article 226 of the Constitution of India seeking
issuance of a writ of mandamus directing the Chief Judicial Magistrate,
Salem to pass appropriate orders in the petitioner's application in
Crl.M.P.No.1319 of 2023 submitted under Section 14 of the SARFAESI Act
to take vacant physical possession of the secured asset within a fixed time
period as stipulated by this Court.
For Petitioner : Mr.Om Prakash
Senior Counsel
for M/s.Ramalingam and Associates
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The scope of the petition is very narrow, inasmuch as petitioner wants the Chief Judicial Magistrate, Salem, to pass appropriate orders on petitioner's application filed under Section 14 of the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 [for short, “SARFAESI Act”].
2. It is alleged that the application was filed on 14 th September, 2023 and till 25.11.2024, on 33 dates the matter was adjourned, but no order __________ Page 2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 08:49:09 pm ) W.P.No.5279 of 2025 was passed.
3. Shri Om Prakash states that even after 25th November, 2024, the matter has been listed for few times, but order not passed and it is getting adjourned only under the caption “for clarification”.
4. Shri Om Prakash submits that the Chief Judicial Magistrate be directed to dispose petitioner's application under Section 14 of the SARFAESI Act on merits.
5. In view of the limited prayer sought, we see no reason to give notice to the other side and delay the matter.
6. Without going into the merits of the application filed under Section 14 of the SARFAESI Act or any objections that respondents may have, considering the fact that over one and half years passed since filing of the application and despite listing the matter on almost 35 occasions, no decision has been taken, we direct the Chief Judicial Magistrate, Salem, to __________ Page 3 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 08:49:09 pm ) W.P.No.5279 of 2025 dispose the application under Section 14 of the SARFAESI Act on the next date after receiving a copy of this order, if already not disposed.
7. At the cost of repetition, we clarify that we have not made any observation on the merits of the matter.
8. Petition is, accordingly, disposed of. There shall be no order as to costs.
(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.)
05.03.2025
Index : Yes/No
NC : Yes/No
bbr
Note:
Registry to mark a copy of this order to the Chief Judicial Magistrate, Salem.
__________ Page 4 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 08:49:09 pm ) W.P.No.5279 of 2025 THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
bbr W.P.No.5279 of 2025 05.03.2025 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 08:49:09 pm )