An order passed by the Chief Judicial Magistrate's Court, Thiruvananthapuram under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( (SARFAESI Act) appointing Advocate Commissioner on the request of the secured creditor is under challenge in this proceeding. 2. On hearing both Sides, I find no legal reason to set aside the order as such under Section 482 of the Code of Criminal Procedure. The petitioner can very well approach the Debt Recovery Tribunal for appropriate relief by way of appeal under Section 17 of the SARFAESI Act or otherwise. Of course, it is true that the Debt Recovery Tribunal cannot set aside or modify the order passed by the Chief Judicial Magistrate, Thiruvananthapuram. However, irregularities or illegalities, if any, committed by the secured creditor in the proceeding initiated against the petitioner herein can be looked into by the Debt Recovery O.P (Crl) No.205 of 2014 2 Tribunal and appropriate orders in the interest of justice can be passed by the Debt Recovery Tribunal. Such orders or interim arrangement can be made by the Tribunal even without touching the orders passed by the Chief Judicial Magistrate. If the petitioner seeks some interim arrangement or some time to make payment, that is a matter within the discretion of the Debt Recovery Tribunal, for which petitioner can file appropriate application.
In the result, this Original Petition is dismissed without prejudice to the right of the petitioner to approach the Debt Recovery Tribunal for appropriate relief.
P.UBAID JUDGE ma