MANJUDEVI R SOMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner, a debtor of the Union Bank of India, calls in question the legality, validity and propriety of the order dated 17th July 2012 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad, in Miscellaneous Application No.73 of 2012 being Exhibit 1 in exercise of powers under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by which the learned Additional Chief Metropolitan Magistrate, Ahmedabad directed the local police to assist the secured creditor, namely, the Union Bank of India to take over the possession of the secured assets mortgaged by the petitioner at the time of availing of the loan facility.

(2.) The petitioner also calls in question the legality, validity and propriety of the office order bearing No. A(VI) 40/2012 issued by the Chief Metropolitan Magistrate, Ahmedabad dated 4th February 2012 in exercise of his powers under Section 19, Clause (3) of the Code of Criminal Procedure, 1973 by which the applications under the provisions of the SARFAESI Act arising within the limits of the Ahmedabad Municipal Corporation were ordered to be filed in the Court of Additional Chief Metropolitan Magistrate, Ahmedabad.

(3.) The case of the petitioner may be summed up thus : -