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CALCUTTA HIGH COURT
Jay Sengupta, J
Govind Jha & Anr. – Appellant
Versus
The State of West Bengal & Anr. – Respondent
Headnote: Read headnote
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
The Chief Judicial Magistrate has authority under Section 14 of the SARFAESI Act, reaffirming the permissibility of substituting functionaries for administrative purposes.
Judicial interpretations affirm CJM's competency under SARFAESI Act, delegating authority to ACJM.
The Chief Judicial Magistrate possesses jurisdiction under Section 14 of the SARFAESI Act, permitting oversight of secured creditors' applications.
The District Magistrate's role under Section 14 of the SARFAESI Act is ministerial, requiring prompt action without adjudicating disputes between parties.
In non-metropolitan areas, Chief Judicial Magistrates are deemed competent to exercise jurisdiction under the SARFAESI Act, equating their functions with Chief Metropolitan Magistrates in security en....
The powers under Section 14 of the SARFAESI Act are ministerial; prior notice to the borrower is not required. Remedies are limited to the Debt Recovery Tribunal following action under the Act.
Possession of the secured asset can be taken by the secured creditor before confirmation of sale of the secured assets as well as post confirmation of sale.
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