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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P,J
Union Bank Of India – Appellant
Versus
P.B. Manaf, S/o. Late Basheer – Respondent
JUDGMENT :
GOPINATH P., J.
The petitioner, a banking company, is before this Court challenging Ext.P1 order of the Sessions Court, Ernakulam, in Crl.M.P.No.102/2025 in Crl.R.P.No.3/2025, through which the proceedings in M.C.No.198/2020 on the file of the Additional Chief Judicial Magistrate Court (MP’s/MLA’s of the State), Ernakulam, were stayed in a revision petition filed under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’). According to the petitioner, M.C No.198/2020 is an application filed by the petitioner under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’), and since the Additional Chief Judicial Magistrate is not acting as a Criminal Court while exercising jurisdiction under Section 14 of the SARFAESI Act, the orders passed by the Additional Chief Judicial Magistrate are not amenable to be corrected in revision by the Sessions Court. It is also the case of the petitioner that the proceedings before the Additional Chief Judicial Magistrate are only ministerial and there is no adjudicatio
The jurisdiction of a Magistrate under Section 14 of the SARFAESI Act cannot be challenged via a revision petition under the BNSS; remedies must follow statutory procedures.
Only Securitisation Applications under Section 17 of the SARFAESI Act can challenge orders made under Section 14; no revision under BNSS is maintainable for such actions.
The Chief Judicial Magistrate's role under the SARFAESI Act is administrative, not adjudicative, and requires a judicious approach rather than mere procedural compliance in issuing orders.
The Chief Judicial Magistrate's role under Section 14 of the SARFAESI Act is administrative and does not involve adjudication; orders must reflect application of mind.
The Chief Judicial Magistrate lacks jurisdiction to adjudicate borrowers' petitions under Section 14 of the SARFAESI Act, as this section is limited to ministerial actions without adjudicatory proces....
The main legal point established in the judgment is the proper application of Section 14 of the SARFAESI Act, including the requirements for the application, consideration of borrower's representatio....
The SARFAESI Act provides a specific framework for securitization and enforcement of security interest, and parties must adhere to its provisions. The jurisdiction of the Debts Recovery Tribunal and ....
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