IDBI BANK LTD. Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner/complainant aggrieved by the docket endorsement dtd. 6/7/2023 in Crl.M.P.(SR) No.677 of 2023 in Crl.M.P.No.110 of 2023 on the file of the learned Chief Metropolitan Magistrate, Ranga Reddy District, at L.B.Nagar.

(2.) Heard learned counsel for the petitioner.

(3.) Learned counsel for the petitioner submitted that Crl.M.P.No.110 of 2023 was filed by the petitioner-IDBI Bank under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act, 2002') seeking appointment of Advocate Commissioner for taking physical possession of the hypothecated movable assets and the same was allowed on 9/3/2023. The Advocate Commissioner was appointed and he was directed to take physical possession of the hypothecated movable assets. As there was an ambiguity with regard to 15 days prior notice to be issued, the Advocate Commissioner sought clarification and extension of time for executing the warrant by modifying the same through Crl.M.P.(SR) No.677 of 2023. The Office of Chief Metropolitan Magistrate had erroneously returned the said petition on unwarranted grounds for compliance, defeating the object of Sec. 14 of the SARFAESI Act, 2002. The impugned order of return resulted in miscarriage of justice and prayed to set aside the docket order dtd. 6/7/2023 in Crl.M.P.(SR) No.677 of 2023 in Crl.M.P.No.110 of 2023 on the file of the Chief Metropolitan Magistrate, Ranga Reddy District, at L.B.Nagar.