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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
Federal Bank Limited – Appellant
Versus
Chief Judicial Magistrate, Kozhikode – Respondent
JUDGMENT :
GOPINATH P., J.
This Writ Petition has been filed inter-alia seeking a declaration that Ext.P3 petition filed by the 2nd respondent before the Chief Judicial Magistrate Court, Kozhikode (hereinafter referred to as ‘the CJM’) is not maintainable and the issues raised in the petition cannot be adjudicated by the Chief Judicial Magistrate .
The brief facts:-
2. The petitioner, a banking company, initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’) to recover amounts due under a loan availed by respondent Nos.2, 3 and 4 from it. The 2nd respondent challenged the proceedings by an application under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal-I, Ernakulam (hereinafter referred to as ‘the Tribunal’). The application was numbered as S.A. No.432 of 2024 before the Tribunal. The Tribunal, on 12.08.2024, issued a conditional interim order on I.A. No.2861 of 2024 in S.A. No.432 of 2024. The interim order of the Tribunal in I.A. No.2861 of 2024 in S.A. No.432 of 2024 was challenged before this Court by the 2nd respondent by filing OP(DRT) N
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 Court clarified the jurisdiction of the Chief Judicial Magistrate under Section 14 of the SARFAESI Act, holding that both the District Magistrate and Chief Judicial Magistrate have the jurisdicti....
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 holds equivalent jurisdiction as the Chief Metropolitan Magistrate under the SARFAESI Act, permitting administrative orders for asset recovery.
Additional Chief Judicial Magistrate empowered equivalently to Chief Judicial Magistrate for SARFAESI Section 14 applications via appointment notifications; Section 482 CrPC petition not maintainable....
Point of Law : It is clear that the learned Chief Judicial Magistrate will not become functous officio by issuing an order under section 14 of the SARFAESI Act and also that the jurisdiction under se....
The District Magistrate's jurisdiction under Section 14 of the SARFAESI Act is limited to ascertaining whether the statements required by the secured creditor in its affidavit have been made. The Dis....
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.
In SARFAESI Act proceedings, a magistrate is not required to notify borrowers prior to granting possession, emphasizing procedural compliance over notice requirements.
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