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TMI Blog2018 (2) TMI 1130X X X X Extracts X X X X X X X X Extracts X X X X ..... is same and identical, whether Additional Chief Metropolitan Magistrate can exercise powers under Section 14 of the SARFAESI Act? - Held that: - Though the Court of Additional Chief Metropolitan Magistrate is subordinate to the Court of Chief Metropolitan Magistrate on administrative count and for certain purposes, it does not affect status or judicial power of additional Court vis-a-vis the principle. It may be stated that the Court of Additional Chief Metropolitan Magistrate handles the similar kind of litigation which is handled by the Court of Chief Metropolitan Magistrate and, therefore, we hold that the Court of Additional Chief Metropolitan Magistrate so far as the judicial functions are concerned has all powers of Chief Metropolitan Magistrate. Application under Section 14 of the SARFAESI Act could be disposed of in time bound period as intended by the Legislature. Petition disposed off. - Writ Petition No.1961 of 2017 - - - Dated:- 22-12-2017 - MR. B. R. GAVAI AND MR. SANDEEP K. SHINDE, JJ. For The Petitioner : Dr. Birendra Saraf with Ms. Anuja Jhunjhunwala and Madhu Gadodia i/by Naik Naik and Company For The Respondent : Mr. H.S.Venegavkar , Additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbai, who is a authority under Section 14 of the said Act cannot decide such applications within time bound period in terms of the first and second proviso to Section 14(1) of the said Act. Thus, we have called upon the learned counsel for the Petitioner and Respondents to address the Court how to minimize the pendency and suggest measures within the framework of law for expeditious disposal of such applications. 6 The learned counsel for the Petitioner has taken us through the provisions of Section 14 of the said Act and relevant provisions of the Code of Criminal Procedure, 1973 (In short 'Cr.P.C.') to persuade us that, the Chief Metropolitan Magistrate and the Additional Chief Metropolitan Magistrate are Courts of same status, having the same and identical jurisdiction so far as the trial of criminal cases are concerned. The learned counsel also submitted that intention of Legislature providing speedy remedy for enforcement of security interest in time bound manner, can be best carried out by reading the expression Chief Metropolitan Magistrate to include also the Additional Chief Metropolitan Magistrate . 7 The learned counsel has also taken us through the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that the character of an application under Section 14 of the said Act after amendment has not changed and would further submit that there was no change in the situation with introduction of amendment in Section 14 if such applications are filed by borrowers. 12 The learned counsel, therefore, would submit that it is possible to dispose of the applications within time bound manner and speedy disposal thereof is possible in two ways; 1) By directing the High Court administration to issue appropriate Notifications under Section 17(2) of the Cr.P.C. and empowering the Additional Chief Metropolitan Magistrate with all powers that of Chief Metropolitan Magistrate including the power to dispose of the application under Section 14 of the said Act. 2) That process of deciding the application being not adjudicatory but executory, the Chief Metropolitan Magistrate/District Magistrate can empower the other officers to exercise the powers under Section 14 of the said Act. 13 The first question that arises for consideration is whether the Chief Metropolitan Magistrate and the Additional Chief Metropolitan Magistrate are of the same status having the same and identical jurisdiction so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d: 19 A survey of the above provisions shows that the Chief Judicial Magistrate in the Distrits has been equated with the Chief Metropolitan Magistrate in the metropolitan area. What precisely is the position of an Additional Chief Metropolitan Magistrate. It has to be remembered that the only expression used in the various provisions of the section is Chief Judicial Magistrate. Section 3, which deals with the construction of references lays down in Clause (d) of Sub-section (7) that any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area. It is, therefore, clear that for the purposes of convenience of reference the designation particularly used is Chief Judicial Magistrate and wherever, that expression is used it is to be construed as the Chief Metropolitan Magistrate so far as the metropolitan area is concerned. In reference to a Magistrate, the reference is to a Metropolitan Magistrate in a metropolitan area and to a Judicial Magistrate, first class, in any other area. This is the provision of Clause ( c ) of Sub-section (1) of Section 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was further held that an Additional Chief Metropolitan Magistrate, who has all the powers of the Chief Metropolitan Magistrate so far as the judicial functions are concerned, thus cannot be treated in any different way. It was held in fact the permissive provisions of the Code which authorise the High Court to appoint one or more Additional Chief Metropolitan Magistrate, assume that more Courts may be required due to the increase of the litigation which require infliction of punishment upto seven years. In other words it was held and concluded that more Courts of that jurisdiction parallel to that of the Chief Metropolitan Magistrate are required by the state of litigation and enough number of such Magistrates are to be provided by the High Court for disposal of business. The Division Bench thus concluded that the Chief Metropolitan Magistrate and the Additional Chief Metropolitan Magistrate are thus Courts of the same status having the same and identical jurisdiction so far as the trial of criminal cases is concerned. (emphasis supplied) 20 Thus, after taking survey of various provisions of the Cr.P.C. and after perusing the points of reference, then, answered by the Division ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Chief Metropolitan Magistrate in absence of Chief Metropolitan Magistrate to entertain and decide the applications filed under Section 14 of the SARFAESI Act Thus, there is no dispute that the High Court in exercise of the powers under Section 17(2) can empower the Additional Chief Metropolitan Magistrate to discharge the functions of Chief Metropolitan Magistrate under Section 14 of the SARFAESI' Act. By Notification dated 21.10.2015, the Additional Chief Metropolitan Magistrate has been empowered to exercise such powers only in the absence of Chief Metropolitan Magistrate, however, there is no impediment to empower all Additional Chief Metropolitan Magistrates to entertain and decide all the applications filed under Section 14 of the SARFAESI Act. 25 We have already held hereinabove that status and powers of the Additional Chief Metropolitan Magistrate and/or of the Chief Metropolitan Magistrate are at par under the Code enjoining the similar status qua exercise of judicial powers though there may be some administrative subordination for certain other purposes. We have held that under the permissive jurisdiction under Section 17(2) of the Cr.P.C., the High Court is e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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