K. AROCKIYARAJ Vs. CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) These writ petitions are filed challenging the order passed in Crl.M.P.No.1850 of 2011 dated 12.9.2011 on the file of Chief Judicial Magistrate, Virudhunagar; Crl.M.P.No.532 of 2012 dated 17.4.2012 on the file of the Chief Judicial Magistrate, Sivagangai; Crl.M.P.No.1851 of 2011 dated 12.9.2011 passed by the Chief Judicial Magistrate, Virudhunagar; and Crl.M.P.No.1211 of 2011 dated 23.4.2013 on the file of the Chief Judicial Magistrate, Dindigul, respectively, contending that the Chief Judicial Magistrates have no jurisdiction to pass orders under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act'), as the provision empowers only the Chief Metropolitan Magistrate and the District Magistrate to exercise the powers under the provision and therefore the orders passed by the Chief Judicial Magistrates are void ab-initio.

(2.) When W.P.(MD)No.7155 of 2012 was heard by the Division Bench of this Court, (consisting the Hon'ble Mr.Justice R.K.Agrawal, A.C.J. and Hon'ble Mrs.Justice Chitra Venkataraman) on 5.3.2013, the Division Bench, taking note of the conflicting decisions, rendered by this Court in (Indian Overseas Bank v. Sree Aravindh Steels Ltd, 2009 1 MadLJ(Cri) 416); the Aurangabad Bench of Bombay High Court, (IndusInd Bank Ltd. v. State of Maharashtra,2008 CDJ 520); and Bombay High Court in the decision (Arjun Urban Co-Operative Bank Ltd., Solapur v. C.J.M., Solapur,2009 2 DRTC 431), thought fit to refer the matter to the larger Bench. The said reference reads as follows:

(3.) Pursuant to the said reference made, this Full Bench was constituted and by consent of both sides, date was fixed for final hearing of the issue and on 31.7.2013, we have heard the arguments of the parties at length.