9911796707
TMI Blog2009 (6) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... referred under Section 14 of the SARFAESI Act, before the Chief Judicial Magistrate, Manjeri, whereby an Advocate Commissioner has been appointed to take over possession of the secured asset, pursuant to the application filed by the Bank in this regard. The case of the petitioner is that, the property herein is an 'agricultural land', which is not liable to be proceeded against, by virtue of the exclusion stipulated under Section 31 (i) of the Act. 3. The respondent Bank, while disputing the contentions raised from the part of the petitioners, both on legal as well as factual grounds, states that, one of the guarantors by name T. Kunhimuhammed arrayed as the 4th respondent in the present proceedings and a partner of the firm, had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned by the petitioners about the earlier Writ Petition filed by the first petitioner leading to Ext. R5(b) judgment in the present proceeding and that the petitioners have not chosen to approach this Court with clean hands, under which circumstance, the Writ Petition is liable to be dismissed on this score alone. 5. As noted above, the orders passed by the DRT earlier have not been subjected to challenge in the present Writ Petition. The petitioners are only aggrieved of the orders passed by the Chief Judicial Magistrate's Court, Manjeri, appointing the Advocate Commissioner to take ever the physical possession of the property in question under Section 14 of the SARFAESI Act. The learned counsel for the petitioners submits that, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority. 6. From the above, it is very much clear that absolutely no power, jurisdiction, competence or expertise is intended or vested with the Magistrate to deal with any claim as to the nature of the property in question or as to the merits or demerits with regard to the other aspects involved in connection with the loan transaction, but for considering the fact whether the property in question in respect of which the assi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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