JUDGMENT

Mini Pushkarna, J. (Oral)

1. The present petition has been filed seeking quashing of order dated 09th January, 2024 passed by the learned Chief Metropolitan Magistrate ("CMM") North-West, Rohini in case bearing no. CT 96/2024. It is alleged that the learned CMM has passed the aforesaid order without having the territorial jurisdiction.

2. It is submitted that the petitioner has taken a credit limit of Rs. 1,40,00,000/- from the respondent/Bank in which the respondent had kept the entire first floor with common stair case of the built-up Property No. 33, Block-D, admeasuring 200 sq. yards situated at CC Colony, opposite Rana Pratap Bagh, Delhi-110007 as a collateral security.

3. It is submitted that the loan account of the petitioner had been classified as Non Performing Asset ("NPA"), pursuant to which the respondent/Bank served a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ("SARFAESI Act").

4. Subsequently, the respondent/Bank filed the case bearing no. CT 96/2024 under Section 14 of the SARFAESI Act before the learned CMM, North-West, Rohini Court to assist the secured creditor in taki