LAWS(MAD)-2024-12-84

M.K.RAVI Vs. INDIAN BANK

Decided On December 20, 2024
M.K.Ravi Appellant
V/S
INDIAN BANK Respondents

JUDGEMENT

(1.) This writ petition is filed challenging the order of the Chief Judicial Magistrate, Tiruvallur in Crl.M.P.No.10883 of 2024, dtd. 20/11/2024, filed under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [hereinafter referred to as "SARFAESI Act"].

(2.) Brief facts that are relevant for disposal of the writ petition are as follows.

(3.) Learned counsel appearing for the petitioner submitted that the impugned order has been obtained by suppressing material facts and by playing fraud. Learned counsel for the petitioner also stated that the Chief Judicial Magistrate has no jurisdiction inasmuch as the property has been sold in favour of the auction-purchaser. He submitted that the first respondent bank cannot file application under Sec. 14 of the SARFAESI Act, after the transfer of title in favour of auction purchaser.