Chief Judicial Magistrate can entertain secured creditor application under SARFAESI Law: SC

The Authorised Officer, Indian Bank Vs D. Visalakshi and Anr. (Supreme Court of India) Conclusion: Chief Judicial Magistrate (CJM) was equally competent to deal with the application moved by the secured creditor under Section 14 of the SARFAESI Act as substitution of functionaries (CMM as CJM) qua the administrative and executive or so to say non-­judicial functions discharged by them in light of the provisions of Code of Criminal Procedure, would not be inconsistent with Section 14 of the 2002 Act. Held: The issue arose in these appeals was whether the Chief Judicial Magistrate (“CJM”) w...