DILIP B.BHOSALE, C.PRAVEEN KUMAR, M.S.K.JAISWAL
T. R. Jewellery, a proprietary concern Rep. by its Proprietor Thiriveedhi Suresh Babu – Appellant
Versus
State Bank of India, Vedayapalem Branch, Nellore – Respondent
C. Praveen Kumar, J.
Disagreeing with the view expressed in W.P.No.5347 of 2014 another Division Bench of this Court vide its order dated 24.07.2014 in W.P.Nos.17589 and 17625 of 2014 referred the following question to be decided by a Full Bench. In terms of the said order of reference, these Writ Petitions are posted before us to answer the question framed in the order of reference, which is as under:-
“Whether the Chief Judicial Magistrate exercising his jurisdiction in Corporation area can assist secured creditor in taking possession of secured asset and pass an order in favour of secured creditor for the purpose of taking possession or control of any secured asset?”
Taking Writ Petition No.17589 of 2014 as a lead petition, we proceed to decide the reference. An application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) came to be filed by a Secured Creditor before the Court of Chief Judicial Magistrate, Nellore requesting the said Court to take physical possession of the schedule property by exercising powers under the said provision. By an order dated 08.05.2014,
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