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2014 Supreme(Ker) 51

K.RAMAKRISHNAN
Jaffar – Appellant
Versus
Dhanalakshmi Bank – Respondent


Advocates Appeared:
For the Petitioner:K.G. Balasubramanian, Ambily Premkumar, Advocates.
For the Respondents: R2, K.K. Rajeev, Public Prosecutor.

Judgment :

1. This is an application filed by the petitioner, who is the first respondent in Crl.M.P.No.132/2012 on the files of the Chief Judicial Magistrate Court, Palakkad, to quash Annexure-1 order under Section 482 of the Code of Criminal Procedure.

2. It is alleged in the petition that, the first respondent Bank moved the court below seeking assistance for taking possession of certain property said to be secured asset under the Securitisation and Reconstruction of Financial Assets and Enforcement of the Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act). The court below earlier passed an order, which was challenged by the petitioner before this Court by filing Crl.M.C.No.4770/2013 and this Court allowed the application and directed the court below to decide the matter afresh in accordance with law. Thereafter Annexure- 1 order has been passed by the learned Chief Judicial Magistrate, which is being challenged before this Court.

3. Heard the counsel for the petitioner on the question of admission itself. The only allegation was that the procedure to be followed under Section 13 of the SARFAESI Act has not been followed by the Bank before resorting to the pr














































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