POLLY CHAKRABORTY Vs. CHHATTISGARH RAJYA SAHKARI BANK MARYADIT

JUDGEMENT

(1.) Since common question of law and fact is involved in these two writ petitions, both the writ petitions were clubbed together and they were heard together and are being disposed of by this common order.

(2.) The Chhattisgarh Rajya Sahakari Bank Maryadit / secured creditor made an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') for taking possession of secured assets before the Chief Judicial Magistrate and the Chief Judicial Magistrate by its order dated 3-7-2012 rejected the said application finding no merit. The said Bank being aggrieved by the order rejecting its application filed a revision application under Section 397 read with Section 399 of the Code of Criminal Procedure, 1973 before the Court of Sessions, Bilaspur and the Court of Sessions by its order dated 24-5-2013 granted that application by allowing the revision application and remanded the matter for hearing afresh. W.P.(Cr.)No.78/2013 was filed by the borrower before this Court, the said writ petition came-up for hearing on 18-4-2017 and the same was allowed holding that revision before the Court of Sessions was not maintainable and writ petition under Article 226/227 of the Constitution of India was maintainable against the order granting application under Section 14 of the SARFAESI Act. Thereafter, the Bank has preferred W.P. (Art. 227) No.345/2017 challenging the order of the learned Chief Judicial Magistrate rejecting the application under Section 14 of the SARFAESI Act, whereas, the borrower has preferred W.P.(C) No.1705/2017 stating that after the revision application was allowed by the Court of Sessions, the secured creditor / Bank has taken possession of secured assets from the borrower, therefore, the same be directed to be returned to the borrower.

(3.) Notices have been issued and both the parties are represented.