VidhiSangh

Supreme Court of India · 23/09/2019

THE AUTHORISED OFFICER, INDIAN BANK versus D. VISALAKSHI AND ANR.

[2019] 13 S.C.R. 177 · 2019 INSC 1067

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Summary

Conflicting High Court decisions raised whether a Chief Judicial Magistrate could assist a secured creditor in taking possession under section 14 of the SARFAESI Act. The Court held that the Chief Judicial Magistrate in a non-metropolitan area was competent, like the Chief Metropolitan Magistrate. The function involved limited verification and assistance rather than adjudication of rights. The appeals were disposed of with other permissible challenges left open.

Issues

  1. Whether a Chief Judicial Magistrate could entertain a secured creditor’s application under section 14.
  2. Whether the statutory reference to a Chief Metropolitan Magistrate excluded the equivalent non-metropolitan functionary.

Provisions considered

Held

Result

The appeals were disposed of without costs on the holding that the Chief Judicial Magistrate was competent under section 14. Parties retained liberty to pursue permissible remedies on other issues, to be decided on their merits. The appeal from an interlocutory order was disposed of with liberty to pursue remaining issues in the pending High Court appeal. Pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 177.