2005 (4) TMI 316

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....der section 482 of the Criminal Procedure Code the petitioner before the First Additional Chief Metropolitan Magistrate., Bangalore, in Crl. Misc. No. 228 of 2005 is questioning the direction of the learned Additional Chief Metropolitan Magistrate for issuance of notice to the respondents with regard to the assistance sought for by the petitioner-secured creditor under the Securitisation and Recon....

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.... assets and documents relating to the transaction would be taken. 3. After considering the matter, the learned Additional Chief Metropolitan Magistrate observed that no document had been produced by the petitioner-bank to show that it had been registered under the Companies Act and that in that regard he directed notice to be issued to respondent Nos. 1 to 5. It is only that portion of the orde....

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.... under which a secured creditor is entitled to enforce security interest and for seeking the assistance of the Court in this regard, notice of the same need not be issued to the debtor or the borrower. In this regard learned counsel for the petitioner has also referred to the decision of the Madras High Court in the case of Sundaram Home Finance Ltd. v. K. Raja [CRP No. 1559 of 2004, dated 30-8-20....