Mr. Biswarup Chatterjee Ms. Sarbani Dutta For the State : Mr. Madhusudan Sur, ld. APP Mr. Suman De Heard on : 10.07.2025 Judgment on : 10.07.2025 Jay Sengupta, J.:

This is an application challenging the order dated 22.05.2025 passed by the learned Additional Chief Judicial Magistrate, Howrah, in Misc. Case No. 192 of 2025 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Learned counsel appearing on behalf of the petitioners submits that the learned Magistrate erred in assuming jurisdiction under Section 14 of the SARFAESI Act. As per Section 14 of the said Act only the Chief Metropolitan Magistrate in the metropolitan area or the District Magistrate can assume jurisdiction to pass an order under such provision. If the provision is read carefully, it would be quite obvious that for the metropolitan area, not only the CMM but the District Magistrate can also pass an order whereas for other areas only the District Magistrate has the power to pass such order.

Learned counsel appearing on behalf of the State strongly opposes the challenge made to the jurisdiction of CJM or ACJM in passing an o