POLLY CHAKRABORTY Vs. CHHATTISGARH RAJYA SAHKARI BANK MARYADIT

JUDGEMENT

(1.) The Chhattisgarh Rajya Sahkari 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 the possession of secured assets before the Chief Judicial Magistrate, Bilaspur. The learned Chief Judicial Magistrate by its order dated 3-7-2012 rejected the said application finding no merit. The said Bank being aggrieved against the order rejecting its application filed a review application under Section 397 read with Section 399 of the CrPC before the Court of Sessions. The Court of Sessions by its order dated 24-5-2013 granted that application by allowing the review and remanded the matter for hearing afresh. Questioning the order of the 4th Additional Sessions Judge, Bilaspur, the instant writ petition has been filed.

(2.) Mr. Saleem Kazi, learned counsel appearing for the petitioner, would submit that the order passed by the learned Chief Judicial Magistrate under Section 14 of the SARFAESI Act rejecting the application of the secured creditor for assisting in taking possession of secured assets, was final in view of Section 14 (3) of the SARFAESI Act and that order was only amenable to the writ jurisdiction of this Court under Article 226/227 of the Constitution of India and therefore the order passed by the learned Additional Sessions Judge is absolutely without jurisdiction and without authority of law.

(3.) Mr. Aishwarya Pandey, learned counsel appearing for the secured debitor would support the impugned order.