REGENT COMPUTRONICS PVT. LTD.

ROSAMMA JOSEPH Appellant

V/S

STATE OF KERALA Respondents

Referred Judgements :-

COMMISSIONER OF INCOME TAX V. TANA ELECTRICITY SUPPLY LTD [REFERRED TO]
RADHAKRISHNAN V.N. V. STATE OF KERALA AND ANOTHER [REFERRED TO]
ARJUN URBAN CO -OPERATIVE BANK LTD.,SOLAPUR V. C.J.M. SOLAPUR COURT [REFERRED TO]
M PENTIAH VS. MUDDALA VEERAMALLAPPA [REFERRED TO]
STATE OF WEST BENGAL VS. B K MONDAL AND SONS [REFERRED TO]
H H MAHARAJADHIRAJA MADHAV RAO JIVAJI RAO SGINDIA BAHADUR OF GWALIOR H H MAHARAJADHIRAJA MAHARANA SHRI BHAGWAT SINGHJI BAHADUR OF UDAIPUR COL H H BRARBANS SARAMAUR RAJA I RAJAGAN SIR PRATAP SINGH MALVENDRA BAHADUR COL RAJA SURINDER SINGH BAHADUR VS. UNION OF INDIA [REFERRED TO]
NASIRUDDIN RAMAI VS. STATE TRANSPORT APPELLATE TRIBUNAL:STATE OF UTTAR PRADESH [REFERRED TO]
BANGALORE WATER SUPPLY AND SEWERAGE BOARD VS. A.RAJAPPA [REFERRED TO]
RESERVE BANK OF INDIA UNION OF INDIA PEERLESS GENERAL FINANCE AND INVEST MENT CO LIMITED STATE OF WEST BENGAL VS. MENT COMPANY LIMITED:PEERLESS GENERAL FINANCE AND INVEST MENT COMPANY LIMITED:RESERVE BANK OF INDIA:PEERLESS GENERAL FINANCE AND INVEST MENF COMPANY LIMITED [REFERRED TO]
KEHAR SINGHTS VS. STATE DELHI ADMINISTRATION [REFERRED TO]
STATE OF MIZORAM VS. BIAKCHHAWNA [REFERRED TO]
BABU VERGHESE VS. BAR COUNCIL OF KERALA [REFERRED TO]
NEPC MICON LIMITED VS. MAGMA LEASING LIMITED [REFERRED TO]
CHANDRA KISHORE JHA VS. MAHAVIR PRASAD [REFERRED TO]
DISTRICT MINING OFFICER VS. TATA IRON AND STEEL CO [REFERRED TO]
PADMASUNDARA RAO DEAD VS. STATE OF TAMIL NADU [REFERRED TO]
UNIQUE BUTYLE TUBE INDUSTRIES PRIVATE LIMITED VS. UTTAR PRADESH FINANCIAL CORPORATION [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. LAXMI NARAIN DHUT [REFERRED TO]
P O PETER VS. SARA [REFERRED TO]
MUHAMMED ASHRAF VS. UNION OF INDIA [REFERRED TO]
RAMAN GOPI VS. KUNJU RAMAN UTHAMAN [REFERRED TO]
JOSEKUTTY VS. STATE OF KERALA [REFERRED TO]
STANDARD CHARTERED BANK VS. V NOBLE KUMAR [REFERRED TO]
FEDERAL BAMK LTD VS. PUNNUS [REFERRED TO]

JUDGEMENT

(1.) Crl.M.C. No. 5651/2013 was filed by the counter petitioners in Crl.M.P. No. 498/2012 on the files of the Chief Judicial Magistrate Court, Kottayam, to set aside the order passed thereon under Section 482 of the Code of Criminal Procedure.

(2.) Crl.M.C. No. 1041/2014 was also filed by the counter petitioners in CMP. No. 132/2012 on the files of the Chief Judicial Magistrate Court, Palakkad, to quash the order passed thereon under Section 482 of the Code of Criminal Procedure.

(3.) In both these cases, the 2nd respondent Bank filed application before the Chief Judicial Magistrate Court in respective places seeking assistance to get delivery of the secured interest invoking Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARPAESI Act'). In both these cases, properties of the petitioners were mortgaged to the banks as security for availing loan and they have committed default. Thereafter, notice under Section 13(2) of the SARFAESI Act was sent to them. Since they have not sent any objection or paid the amount within the specified time provided under Section 13 of the Act, they filed applications seeking assistance of the Chief Judicial Magistrate to take possession of the property secured. The learned Chief Judicial Magistrate after satisfying the contents of the applications and the documents produced, appointed an Advocate Commissioner to take possession of the property and deliver the same to the bank. The action of the Chief Judicial Magistrate appointing Advocate Commissioner to deliver the property is being questioned before this Court by the petitioners in both these cases.

Click here to view full judgment.

ROSAMMA JOSEPH Vs. STATE OF KERALA

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address