SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Kishan Lal Bishnoi – Appellant
Versus
Authorised Officer – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners in all the Writ Petitions: Mr. Rohan Cama a/w Prathmesh Kamat, Ms Sapna Raichure, Mr T.N. Tripathi i/b T.N. Tripathi and Co.
For the Respondent Nos.1, 2 in W.P. (L) No.2634 of 2015: Ms. Sandhya Nambidi i/b Law Focus
For the Respondent No.1 in W.P. No.640 of 2015: Mr. A. R. Bamne i/b A.R. Bamne and Co.
For the Respondent Nos.1 and 2 in W.P. No.1776 of 2015:Mr V.N. Ajitkumar, Advocate

JUDGMENT

B. P. Colabawalla, J.—By these Petitions under Article 226 of the Constitution of India, the Petitioners challenge the orders passed by the In-charge Chief Metropolitan Magistrate, Mumbai, under the provisions of section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the “SARFAESI Act”).

2. In all these Petitions, the issue raised before us is that all these orders passed under section 14 by the In-charge Chief Metropolitan Magistrate, are a nullity on the ground that he had no authority and/or power to pass the impugned orders. In other words, it is the contention of the Petitioners in all these Petitions, that an Application under section 14 of the SARFAESI Act can be made only to the Chief Metropolitan Magistrate, and therefore, the orders passed by the In-charge Chief Metropolitan Magistrate are bad in law and ought to be set aside by us, in our extraordinary, equitable and discretionary jurisdiction under Article 226 of the Constitution of India. Since this is the only point canvassed and which requires our consideration, we are not setting out the facts in each of the above Writ Petitions. For
















































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top