TMI Blog2016 (4) TMI 433X X X X Extracts X X X X X X X X Extracts X X X X ..... GMENT 1. Rule. Mr. K.P. Rawal, learned APP waives service of Rule for respondent no.1 and Mr.Abhijit Joshi, learned counsel waives service of Rule for respondent no.2. 2. With the consent of the learned advocates appearing for the parties, the matter is taken up for its final disposal forthwith. 3. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10.09.2013 passed by the learned Additional Sessions Judge, City Civil Sessions Court, Ahmedabad in Criminal Revision Application No.154 of 2013 as well as the order dated 30.03.2013 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad in Misc. Application No. 1 of 2013 and has further prayed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion of the property in possession of the present petitioner. It appears from the record that the petitioner appeared before the Chief Metropolitan Magistrate and filed application for being joined as a party, which came to be rejected and the impugned order dated 30.03.2013 was passed. 4.3 It appears that being aggrieved by the said order, the petitioner preferred a Criminal Revision Application as provided under section 397 of the Code of Criminal Procedure, 1973 (herein after referred to as the Code ) before the learned City Civil Sessions Court, Ahmedabad, which was numbered as Criminal Revision Application No.154/13. The learned Additional Sessions Judge, City Civil Sessions Court, Ahmedabad was pleased to dismiss the said rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the procedure by also publishing the notices in two daily news papers, i.e., Financial Express, Gujarati as well as Financial Express, English, the application was filed before the Chief Metropolitan Magistrate, Ahmedabad under section 14 of the SARFAESI Act. Mr.Joshi, learned counsel submitted that the revision under section 397 of the Code is not maintainable as the proceedings under section 14 of the SARFAESI Act are in a way not criminal proceedings and by virtue of section 14(3) of the SARFAESI Act, the same are barred. Mr. Joshi also relied upon the judgment of the Division Bench of the Kerala High Court in the case of Radhakrishnan v. State of Kerala reported in III (2009) BC 343 (DB). 8. Mr.Rawal, learned APP, has also submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d has noted the aforesaid procedure followed by the Bank, more particularly in para 2 of the impugned order and after relying upon the Division Bench judgment of this Court, has also taken into consideration the fact that the Securitisation Application filed by the petitioner being Securitisation Application No.73/12 was rejected by the Debt Recovery Tribunal, Ahmedabad. It has been also noted by the learned Magistrate that the property in question is within the jurisdiction of Satellite Police Station and therefore, the Chief Metropolitan Magistrate, Ahmedabad had jurisdiction to deal with the application under section 14 of the SARFAESI Act and has thereafter, passed the impugned order. It appears that the petitioner has been heard by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovision cannot take away a power vested by the Constitution. To quote, the observations of this Court in Columbia Sportswear Company v. Director of Income Tax, [(SCC p.234, para 17): 17. Considering the settled position of law that the powers of this Court under Article 136 of the Constitution and the powers of the High Court under Articles 226 and 227 of the Constitution could not be affected by the provisions made in a statute by the Legislature making the decision of the tribunal final or conclusive, we hold that subsection (1) of Section 245S of the Act, insofar as, it makes the advance ruling of the Authority binding on the applicant, in respect of the transaction and on the Commissioner and incometax authorities subordinate to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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