STATE BANK OF INDIA Vs. CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) This writ petition is filed challenging Exhibits P9 and P11 orders issued by the Chief Judicial Magistrate, Thiruvananthapuram.

(2.) Heard the learned counsel for the petitioner, the learned counsel for respondents 2 to 6 and the learned counsel appearing for respondents 7 and 8.

(3.) It is submitted that the 2nd respondent had availed multiple credit facilities from the petitioner's bank and on default in repayment, recovery proceedings were initiated under the SARFAESI Act. The secured asset was taken possession of by the Advocate Commissioner on 27/7/2022 consequent to Exhibit P1 order. The 2nd respondent filed Exhibit P8 interlocutory application seeking release of machinery mentioned in Exhibit P8(a). The advocate for the bank did not object to the release of the machineries and accordingly Exhibit P9 order was passed directing the release. The petitioner filed Exhibit P10 interlocutory application to recall Exhibit P9 order, which was dismissed by Exhibit P11 stating that the order was passed after hearing all sides and that a criminal court cannot review its own order due to the embargo under Sec. 362 of the Cr.P.C. It is submitted that pursuant to an interim order passed by this Court in these proceedings, the 7th respondent had deputed competent officers to conduct inspection with regard to the finished and semi-finished products belonging to them and an inventory had been prepared and is submitted before this Court along with Exhibit R7(a) which is the list of the materials/items to be retrieved from the 2nd respondent's premises.