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Issues involved: Misinterpretation of legal provisions by Chief Judicial Magistrate regarding jurisdiction under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Summary: The petitioner, a bank, filed a petition to direct the Chief Judicial Magistrate, Coimbatore, to take their complaint on file. The respondents had borrowed a loan from the petitioner bank and an application was made under Section 14 of the Act to initiate proceedings. The application was returned stating that only the Chief Metropolitan Magistrate or District Magistrate had the power to entertain such cases, leading to a misconception by the Chief Judicial Magistrate. The High Court clarified that the power conferred on the Chief Metropolitan Magistrate is equivalent to that of the Chief Judicial Magistrate in the District level. The return of the application by the Chief Judicial Magistrate was deemed erroneous. The High Court set aside the return order and directed the Chief Judicial Magistrate to accept the petitioner's application and proceed with the case in accordance with the law.
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