IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, N.Sathish Kumar, J
ICICI Home Finance Company Ltd. – Appellant
Versus
Sathakkathullah.K – Respondent
| Table of Content |
|---|
| 1. secured creditor seeks mandamus for section 14 sarfaesi execution. (Para 1 , 2) |
| 2. sarfaesi act imposes 30-60 day timelines for section 14 applications. (Para 3) |
| 3. direct petitioner to magistrate for order compliance expeditiously. (Para 4) |
The secured creditor has filed this writ petition seeking a direction to the Chief Judicial Magistrate, Pudukkottai, to dispose the application filed under Section 14(1) and (2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 pending on his file in Cr.M.P.No.34 of 2025 within stipulated time.
2. The case of the petitioner is that though the learned Chief Judicial Magistrate has allowed the application filed under Section 14 of the SARFAESI Act way back on 10.10.2025, the Advocate Commissioner appointed thereunder has failed to execute the said warrant and deliver the possession of the property to the secured creditor. It is stated that though subsequently the Advocate Commissioners were changed, the position as on date did not change and the property could not be secured till date. In these circumstances, the present writ petition is filed.
3. It is well settled that the SAR
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.