Oral Judgment (Per: Dabholkar, J.)

1. Rule. By consent of learned counsel for the parties, rule made returnable forthwith and matter is taken up for final disposal. Heard learned counsel for the petitioner and learned APP for the Respondent.

2. Both matters can be considered and disposed of, by common order, because the issue involved in both the matters, is common.

3. The Petitioner has approached this court, feeling aggrieved by the orders passed by the learned Chief Judicial Magistrate, Aurangabad, ("CJM" for short) on 4.3.2008 in Criminal M.A. Nos.231 and 232 of 2008. Suffice it to say that the petitioner-bank had approached the CJM with applications under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("NPA Act" for brevity’s sake). The applications are rejected by learned CJM with common line of reasons and we quote the observations:

"..................Therefore, by this application, Petitioner has prayed for assistance in taking possession of secured assets. Heard learned counsel for the applicant. He relied on 2007 (1) Bom.C.R. (Cri.) 783. On perusal of judgment cited it is seen that there was decree pas

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