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SAROJBEN D/O RAGHUVIR YADAV Versus STATE OF GUJARAT and 1

2016 (4) TMI 433 - GUJARAT HIGH COURT

Order of SARFAESI Act - Held that:- Order passed under section 14 of the SARFAESI Act is not amenable to the revisional jurisdiction as provided under section 397 of the Code. This Court therefore finds that there is no error much less any error apparent on the face of the record, which warrants interference of this Court in its extraordinary jurisdiction under Article 226 of the Constitution. - SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2827 of 2013 - Dated:- 29-3-2016 - MR. R.M.CHHAYA, J. FOR .....

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itioner 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 being joined as party in Misc. Application No.1 of 2013. 4. The following noteworthy facts emerge from the record of the petition 4.1 It .....

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is pending before the learned City Civil Court. It is also averred that the order dated 26.08.2011, whereby the learned City Civil Judge was pleased to grant interim stay which came to be vacated was also subject matter of challenge before this Court being Appeal from Order No.15 of 2013. However, the said proceedings came to be withdrawn. It further appears that thereafter, the petitioner filed a Securitisation Application as provided under section 17 of the Securitisation and Reconstruction o .....

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an 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 learn .....

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ers are illegal and contrary and therefore, the same deserves to be quashed by this Court as prayed for. It was also contended that the impugned orders are without jurisdiction and therefore, the same is nullity and deserves to be quashed and set aside. It was also contended that the petitioner herself has filed written application before the Police Commissioner, Ahmedabad. However, the same is not even considered. It was further contended that both the Courts below have not taken into considera .....

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SARFAESI Act to all concerned, the principal borrower including the petitioner, and after following 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 .....

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nd the same deserves to be dismissed. 9. It deserves to be noted that the respondent no.2 Bank has filed a detailed affidavit which has not been controverted. It clearly appears from the affidavit that what was challenged before the learned Sessions Judge was the order under section 14 of the SARFAESI Act. The record indicates that one Lucia Martin Nagarkar took loan from the respondent no.2 Bank and on nonpayment, the said account was declared to be Non Performing Asset. The respondent no.2 Ban .....

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ereafter, notices as provided under section 14 of the SARFAESI Act was published and thereafter, application being Misc. Application No.1 of 2013 was preferred by the respondent no.2 Bank before the learned Chief Metropolitan Magistrate under section 14 of the SARFAESI Act. It is found that the learned Chief Metropolitan Magistrate, Ahmedabad 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 judgmen .....

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s thereafter, passed the impugned order. It appears that the petitioner has been heard by the learned Chief Metropolitan Magistrate, Ahmedabad. 10.Similarly, on perusal of the impugned order passed by the learned Additional Sessions Judge, City Civil & Sessions Court, Ahmedabad, it clearly appears that the learned Sessions Judge has considered the provisions of the SARFAESI Act and has rightly come to the conclusion that the revision is not maintainable. 11.It would be appropriate to refer t .....

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ion 14 shall be called in question in any court or before any authority. The SARFAESI Act, therefore, attaches finality to the decision of the Chief Metropolitan Magistrate or the District Magistrate and this decision cannot be challenged before any court or any authority. But this Court has repeatedly held that statutory provisions attaching finality to the decision of an authority excluding the power of any other authority or Court to examine such a decision will not be a bar for the High Cour .....

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