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2018 Supreme(Ker) 572

K.ABRAHAM MATHEW
Devan Housing Finance Corporation Limited – Appellant
Versus
Aboobacker P A – Respondent


Advocates Appeared:
For the Appellant : Saji Mathew & Denu Joseph Advs.

JUDGMENT :

K. Abraham Mathew, J.

1. The petitioner company is a financial institution coming under the purview of SARFAESI Act. With the financial assistance given by it, respondents 11 & 12 purchased a residential building. It was declared a non performing asset and proceedings were initiated under the provisions of the SARFAESI Act. The petitioner made an application to the Chief Judicial Magistrate concerned for assistance to take possession of the property as contemplated under Section 14 of the SARFAESI Act. The learned magistrate ordered issuance of notice to respondents 11 & 12. Though the application was filed on 19.04.2018, it was posted to 24.12.2018 for return of notice to respondents 11 & 12. The procedure adopted by the learned magistrate is challenged in this Original Petition.

2. Heard the learned counsel for the petitioner.

3. This Court in Roshan Narayanan C.S. v. Authorized Officer, Central Bank of India & Another [2017 (3) KHC 617 : 2017 (3) KLJ 408] has discussed the nature of the functions a magistrate is supposed to discharge when he receives an application under Section 14 of the SARFAESI Act. He has not to perform any judicial function. In fact, it is executive

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