The Allahabad High Court in Abhishek Mishra vs State Of U.P. has held that the Chief Judicial Magistrate exercising jurisdiction in non-metropolitan area in exercise of powers conferred on by Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, can assist a secured creditor in taking possession of the secured asset and pass an order in the creditor’s favour for the purpose. A Division Bench comprising Justice Prashant Kumar and Justice Krishna Murari, differing with the contrary view by a Full Bench of the Madras High Court in K. Arockiyaraj Vs. Chief Judicial Magistrate, Srivilliputhur & Anr., observed that the nomenclature ‘Chief Metropolitan Magistrate’ used by legislature in Section 14 of the Act includes Chief Judicial Magistrate functioning in non-metropolitan area and shall have jurisdiction to entertain an application made under Section 14 of the SARFAESI Act, 2002. The Bench observed: “It is clea...
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THE HONBLE THE ACTING CHIEF JUSTICE SRI DILIP BABASAHEB BHOSALE HONBLE SRI HONBLE SRI JUSTICE C.PRAVEEN KUMAR & HONBLE SRI JUSTICE M.S.K. JAISWAL WRIT PETITION Nos. 17589 of 2014 27-11-2015 M/s.T.R.Jewellery, a proprietary concern Rep.by its Proprietor Thiriveedhi Suresh Babu and Another..... PETITIONERS M/s.State Bank of India, Vedayapalem Branch, Nellore and Another..RESPONDENTS THE HONBLE THE ACTING CHIEF JUSTICE SRI DILIP BABASAHEB BHOSALE HONBLE SRI JUSTICE C.PRAVEEN KUMAR & HONBLE SRI JUSTICE M.S.K. JAISWAL WRIT PETITION Nos. 17589 & 17625 of 2014 COMMON JUDGMENT: (Per Justice C.Praveen Kumar) Disagreeing with the view expressed in W.P.No.5347 of 2014 another Di...
Madras High Court K. Arockiyaraj vs The Chief Judicial Magistrate on 27 August, 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/8/2013 CORAM The Hon'ble Mr.Justice N. PAUL VASANTHKUMAR The Hon'ble Mr.Justice T.MATHIVANAN and The Hon'ble Mr.Justice P.DEVADASS W.P(MD)No.11078 of 2011 W.P(MD)No.7155 of 2012 and 4525, 9833 of 2013 and Connected Miscellaneous Petitions W.P.(MD)NO.11078 of 2011 K. Arockiyaraj ... Petitioner Vs 1. The Chief Judicial Magistrate, Srivi!!iputhur, Virudhunagar District. 2. The Housing Development Finance Corporation Limited, 2nd Floor, ITC Centre, 760, Anna Salai, Chennai - 2. ...