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2019 Supreme(All) 399

ASHOK KUMAR
Kashi Gomti Samyut Gramin Bank – Appellant
Versus
Chief Judicial Magistrate – Respondent


Advocates Appeared:
Gyan Prakash Shrivastava, Adv.

JUDGMENT :

Ashok Kumar, J.

Heard Sri Gyan Prakash Shrivastava, learned counsel for the petitioners.

2. The instant petition has been filed by the petitioner Kashi Gomti Samyut Gramin Bank through its Regional Manager/Authorized Officer by which the petitioner has challenged the order passed by the Chief Judicial Magistrate, Azamgarh in Case No. 3562 of 2019 dated 08.02.2019. By the order dated 08.02.2019 the petitioner's application for taking the possession of the immovable property against the loan sanctioned by the petitioner is rejected on the ground that the same is not maintainable.

3. The submission of the counsel for the petitioner is that the impugned order of the Chief Judicial Magistrate is illegal and bad, as similar power is vested with the Chief Judicial Magistrate as is vested in Metropolitan City with Chief Metropolitan Magistrate.

4. Learned counsel for the petitioner has submitted that Section 14 of the Securitisation And Reconstruction of Financial Assets And Enforcement of Security Interest (SARFAESI) Act, 2002 clearly provides the power with the Chief Metropolitan Magistrate or the District Magistrate to assist secured creditor in taking possession of secured assets







































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