https://www.taxtmi.com/caselaws?id=386252 Section 14 of the SARFAESI Act was construed as a remedial, administrative mechanism limited to verification of the creditor's affidavit and statutory compliance, not an adjudication of rival rights. On that basis, the Court held that in a non-metropolitan area the Chief Judicial Magistrate is competent to process a secured creditor's request, because the Act does not expressly exclude that functionary and the Chief Metropolitan Magistrate reference can be read purposively to include the corresponding magistrate. Sections 35 and 37 did not bar recourse to the Code of Criminal Procedure where no inconsistency exists, and the General Clauses Act supported substitution of the functionary. en-us Mon, 23 Sep 2019 00:00:00 +0530 Tue, 24 Sep 2019 12:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=386252 Section 14 of the SARFAESI Act was construed as a remedial, administrative mechanism limited to verification of the creditor's affidavit and statutory compliance, not an adjudication of rival rights. On that basis, the Court held that in a non-metropolitan area the Chief Judicial Magistrate is competent to process a secured creditor's request, because the Act does not expressly exclude that functionary and the Chief Metropolitan Magistrate reference can be read purposively to include the corresponding magistrate. Sections 35 and 37 did not bar recourse to the Code of Criminal Procedure where no inconsistency exists, and the General Clauses Act supported substitution of the functionary. Case-Laws Indian Laws Mon, 23 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=386252