Supreme Court · 2019 INSC 1067 · Decided 23 September 2019
The Authorised Officer, Indian Bank v. D. Visalakshi and ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1067 · [2019] 13 S.C.R. 177
- Case number
- CIVIL APPEAL No. 6295/2015
- Decided
- 23 September 2019
- Bench
- A.M. KHANWILKAR, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CrPC Section 14, 35, 37; SARFAESI Act Section 14
Headnote
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s.14 - Chief Judicial Magistrate (CJM) u/s. 14 - Competency of - There were conflicting views of different High Courts regarding the competency of the CJM to process the possession of the secured asset u/s. 14 of the 2002 Act - The High Courts of Bombay, Calcutta, Madras, Madhya Pradesh and Uttarakhand interpreted the said provision to mean that only Chief Metropolitan Magistrate (CMM) in metropolitan areas and the District Magistrate (DM) in
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