M/S.Green Park Tea Pvt. Ltd vs Canara Bank Rep. By Its Chief … on 5 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2101 of 2008()


1. M/S.GREEN PARK TEA PVT. LTD.,
                      ...  Petitioner
2. SRI.SHAHIRSHA, MANAGING DIRECTOR,
3. A.SHAHANAZ, DIRECTOR, DO.DO.
4. SAINABA BEEVI, W/O.MUHAMMED HANEEFA
5. MUHAMMED IRFAN, S/O.MUHAMMED HANEEFA, IQ

                        Vs



1. CANARA BANK REP. BY ITS CHIEF MANAGER
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE PUBLIC

                For Petitioner  :SRI.S.SANAL KUMAR

                For Respondent  :SRI.P.GOPINATH MENON, SC, CANARA BANK

The Hon'ble MR. Justice R.BASANT

 Dated :05/12/2008

 O R D E R
                             R.BASANT, J
                     ------------------------------------
                    Crl.M.C. No.2101 of 2008
                     -------------------------------------
            Dated this the 5th day of December, 2008

                                 ORDER

In this Crl.M.C, the petitioners challenge the jurisdiction of

the learned Chief Judicial Magistrate, Kollam to exercise the

functions assigned to the Metropolitan Magistrate under Section

14 of the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002. A Division

Bench of this Court in Muhammed Ashraf v. Union of India

[2008(4) KLT 1] has now settled the controversy and has held

that the Chief Judicial Magistrate does have powers under

Section 14 of the said Act. Later, reference was made to the

Division Bench and another Division Bench, by order dated

20.11.08 in Crl.M.C.No.4369 of 2008, has concurred with the

decision of the earlier Division Bench and has come to the

conclusion that the said decision does not deserve

reconsideration.

2. In these circumstances the challenge is without any

merit.

3. This Crl.M.C is, in these circumstances, dismissed.

(R.BASANT, JUDGE)
rtr/-