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ANANYA BANDYOPADHYAY
Ronit Nirman Private Limited – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. factual background relating to loan and mortgage. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on jurisdiction under sarfaesi act. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. submissions on the application of legal principles. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. court's rationale regarding jurisdiction. (Para 21 , 22 , 23 , 24) |
| 5. interpretation of legislative provisions in relation to judicial power (Para 27 , 28) |
| 6. court recognizes cjm's competency in sarfaesi applications. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 7. conclusion dismissing the revisional applications. (Para 38 , 39 , 40 , 41) |
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant revisional applications are filed by the petitioners praying for setting aside of the orders dated 28.06.2011 and 01.07.2011 passed by the Learned Chief Judicial Magistrate, Barasat in Miscellaneous Case No. 88/2011 and Miscellaneous Case No. 92/2011 respectively under Section 14 of the SARFAESI Act,2002.
2. Petitioner company approached the Respondents no. 2 and 3 for availing cash credit facility for its business purpose and the Respondents after going through the formalities sanctioned cash credit limit up to Rs.5/-crores as working capita
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