Supreme Court · 2022 INSC 754 · Decided 27 July 2022
M/S R. D. Jain and CO. v. Capital First LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 754 · [2022] 13 S.C.R. 57
- Case number
- CIVIL APPEAL No. 175/2022
- Decided
- 27 July 2022
- Bench
- M.R. SHAH, B.V. NAGARATHNA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CrPC; SARFAESI Act Section 14, 14(1)
Headnote
Securitisation and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 - ss. 13(4), 14 - Chief Metropolitan Magistrate (CMM) shall deem to mean and include Additional Chief Metropolitan Magistrate (ACMM) - The respondent (secured creditor) instituted amount due and payable by the appellant (borrower) - The borrowers refused to handover the physical possession of security asset - Secured creditor filed an application u/s 14 of the SARFAESI Act praying for assistance from the CMM in taking physical possession of the secured asset
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