9911796707
TMI Blog2023 (7) TMI 1479X X X X Extracts X X X X X X X X Extracts X X X X ..... D THAT:- Admittedly, the order that was passed under section 14 of the SARFAESI Act has not been put to challenge and that order passed in Crl.M.P.No.5693 of 2020, dated 22.12.2021 has become final. Maintainability of this petition filed under section 482 of Cr.P.C. - HELD THAT:- The power under Section 482 of Cr.P.C., is a recognition of the inherent power of the High Court to make such orders as may be necessary to give effect to any order under the code. The subsequent clauses namely to prevent abuse of process of any Court or to secure the ends of justice, must be necessarily read ejusdem generis to the main requirement which is to give effect to any order passed under the Code of Criminal Procedure. Hence the matter that is placed befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not maintainable, it is not necessary for this Court to go into the other issues that have been raised on merits and regarding the administrative control of the administrator on the clusters belonging to the Reliance Capital Limited. It is not necessary to render any findings on these issues. This Criminal Original Petition stands dismissed. - THE HON'BLE MR. JUSTICE N. ANAND VENKATESH For the Appellant : Mr. V. Saravana Rengan For the Respondent : M.S. Krishnan, Sr. Counsel and Abitha Banu for R1 ORDER 1. This Criminal Original Petition has been filed challenging the order passed by the learned Chief Metropolitan Magistrate, Egmore in Crl.M.P.No.3096 of 2022 refusing to stay the order passed in Crl.M.P.No.5693 of 2020 under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tended that the order that was passed by the NCLT will also bind the business clusters and one such cluster is the Reliance Assets Reconstruction Company Limited which is the first respondent in this petition. In view of the same, the learned Counsel submitted that the application filed by the first respondent before the learned Chief Metropolitan Magistrate at Egmore is unsustainable and if at all any such petition is filed, it can be done only by the administrator with whom the entire administration of Reliance Capital Limited and its clusters stands vested. 7.Per contra, the learned Senior Counsel appearing on behalf of the first respondent questioned the very maintainability of this petition on the ground that there is an effective alte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aintainable. 8. This Court has carefully considered the submissions made on either side and materials available on record. 9. The present petition has been filed under section 482 of Cr.P.C. This petition has been filed against the order passed by the learned Chief Metropolitan Magistrate, Egmore dismissing the memo/application that was filed by the second petitioner to keep the order passed under section 14 of the SARFAESI Act in abeyance. Admittedly, the order that was passed under section 14 of the SARFAESI Act has not been put to challenge and that order passed in Crl.M.P.No.5693 of 2020, dated 22.12.2021 has become final. 10. The first issue to be considered by this Court is regarding the maintainability of this petition filed under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative remedy to the petitioners under Section 17 of the SARFAESI Act. The taking of possession of the property by filing an application under Section 14 of the SARFAESI Act is only a continuation of the proceedings under Section 13(4) of the SARFAESI Act. The very enactment provides for an alternative remedy under Section 17 of the SARFAESI Act for an aggrieved person. In view of the same, the aggrieved person cannot be permitted to file a petition under Section 482 of Cr.P.C., before this Court and certainly such a petition can never be entertained by this Court. Just because the order was passed by the learned Chief Metropolitan Magistrate, Egmore, that by itself will not subject such an order for challenge under section 482 of Cr.P.C. 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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