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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI
Yarramilli Mangamani, wife of Ganesh Tulasi Ram Gupta – Appellant
Versus
Union Government of India, Rep. by its Finance Secretary, the Government of India, New Delhi – Respondent
ORDER :
Ravi Cheemalapati, J.
Challenging the order passed in Crl.M.P.No.60 of 2025 by Chief Judicial Magistrate, Rajahmundry, that the same was passed in contravention of Section 14 (1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act, 2002) and without jurisdiction, since the. property situate in Kakinada city, this writ petition has been filed.
2. The contents of the writ petition, in brief, are that consequent to classification of petitioner's loan account as Non Performing Asset; proceedings under SARFAESI Act, 2002 were initiated and notice under Section 13 (2) demanding the petitioner to repay the amount was issued followed by possession notice and notice for E-auction. That thereafter the petitioner was informed by respondent no.4 that the property was sold in public auction, which was found to be false upon the enquiries made by her and immediately she filed writ petition vide W.P.No.2157 of 2024 and this Court allowed the said writ petition directing the respondents therein that the petitioner shall not be dispossessed except in accordance with the procedure prescribed by law. That the petition
In non-metropolitan areas, Chief Judicial Magistrates are deemed competent to exercise jurisdiction under the SARFAESI Act, equating their functions with Chief Metropolitan Magistrates in security en....
The Additional Chief Metropolitan Magistrates and Additional District Magistrates can exercise the powers under Section 14 of the SARFAESI Act.
Judicial interpretations affirm CJM's competency under SARFAESI Act, delegating authority to ACJM.
The Chief Judicial Magistrate has authority under Section 14 of the SARFAESI Act, reaffirming the permissibility of substituting functionaries for administrative purposes.
The Chief Judicial Magistrate possesses jurisdiction under Section 14 of the SARFAESI Act, permitting oversight of secured creditors' applications.
Territorial jurisdiction and the authority of the DRT to assess the enforcement of security under the SARFAESI Act.
The Chief Judicial Magistrate lacks jurisdiction to adjudicate borrowers' petitions under Section 14 of the SARFAESI Act, as this section is limited to ministerial actions without adjudicatory proces....
The Chief Judicial Magistrate's role under Section 14 of the SARFAESI Act is administrative and does not involve adjudication; orders must reflect application of mind.
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