Writ petition sought to quash proceedings before Additional Chief Metropolitan Magistrate under SARFAESI Act. Court doubted delegation of Section 14 powers and set proceedings at naught.
Proceedings set at naught; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2015
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No.25409 OF 2015 (GM-RES)
BETWEEN:
Mrs.Suhaa Parveez, Age 43 years, Wife of Mr. Parvez Rahim Khan, C/o.No.202 “A” 2nd Floor, Cears Plaza, Residency Road, Bangalore 560 025.
…PETITIONER
(By Smt. Shobha Bhavikatti, Advocate) AND: M/s. Standard Chartered Bank, 2nd and 3rd Floor, Raheja Towers, East Wing. 26, M.G.Road, Bangalore 560 001, By its Authorized Officer, Representative Mr. Rakesh.
…RESPONDENT
(By Shri K.V.Lokesh, Advocate)
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This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash the entire proceedings in C.Misc.No.07/2013 pending on the file of the XI Additional Chief Metropolitan Magistrate, Bangalore vide Annexure-A as AB–initio void.
This Writ Petition coming on for Orders this day, the court made the following:
O R D E R
There is serious doubt about the power having been delegated to the Additional Chief Metropolitan Magistrate in so far as the power conferred under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’, for brevity). Though the learned counsel for the respondent has produced the Special notification dated 12.02.2014, whereby in exercise of power under subsection (3) of Section 19 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’, for brevity), and with the consent of this Court, the Chief Metropolitan Magistrate has issued a notification thereby investing the
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powers conferred on him under the Cr.P.C. to the Additional Chief Metropolitan Magistrate, Bangalore City as specified in the jurisdiction list appended thereto, the question remains as to whether the specific power granted to the Chief Metropolitan Magistrate under Section 14 of the SARFAESI Act, would also stand delegated to the Additional Chief Metropolitan Magistrate without any express conferment thereof and whether such power could be delegated.
Therefore, in order to avoid a long drawn out proceeding on that issue, the issue is left open. The proceedings however are set at naught. It is open for the respondent to initiate fresh proceedings before the competent Chief Metropolitan Magistrate.
The petition stands disposed of accordingly.
Sd/JUDGE
KS
2 issues framed by the court
Whether powers under Section 14 of the SARFAESI Act could be delegated to the Additional Chief Metropolitan Magistrate.
Whether proceedings before the Additional Chief Metropolitan Magistrate under SARFAESI Act should be quashed.
3 provisions across 3 enactments
Mrs. Suhaa Parveez
M/s. Standard Chartered Bank
ANDR BYRAREDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
