https://www.taxtmi.com/caselaws?id=457588 Under the SARFAESI Act, a secured creditor is not confined to Section 17 where its Section 14 application is rejected, because Section 17 remedies a person aggrieved by measures under Section 13(4) and does not provide the creditor a direct remedy against refusal under Section 14; judicial review under Article 226 therefore remains available. The Chief Judicial Magistrate is competent to entertain a Section 14 application, as the role of Chief Judicial Magistrate and Chief Metropolitan Magistrate is treated as interchangeable for this purpose in non-metropolitan areas. Section 14 requires only verification of the secured creditor's statutory affidavit and assistance in taking possession, without adjudicating inter se rights. en-us Mon, 10 Jan 2022 00:00:00 +0530 Mon, 23 Sep 2024 20:31:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457588 Under the SARFAESI Act, a secured creditor is not confined to Section 17 where its Section 14 application is rejected, because Section 17 remedies a person aggrieved by measures under Section 13(4) and does not provide the creditor a direct remedy against refusal under Section 14; judicial review under Article 226 therefore remains available. The Chief Judicial Magistrate is competent to entertain a Section 14 application, as the role of Chief Judicial Magistrate and Chief Metropolitan Magistrate is treated as interchangeable for this purpose in non-metropolitan areas. Section 14 requires only verification of the secured creditor's statutory affidavit and assistance in taking possession, without adjudicating inter se rights. Case-Laws Indian Laws Mon, 10 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457588