Petitioner is a bank who has approached the Chief Judicial Magistrate, Kozhikode under Section 14 of the SARFAESI Act (hereinafter referred as 'the Act'). The Chief Judicial Magistrate, Kozhikode appointed an Advocate Commissioner on 16.8.2010. But, thereafter, it is stated that on the basis of the applications filed by the respondents, who are the debtors, the matter is still pending. Though the Advocate Commissioner has identified the property, due to the pendency of several applications filed by the debtors, the Advocate Commissioner is not taking possession of the premises. 2. Taking into consideration of the nature of the judgment being passed today, no notice need be issued to the respondents herein.
3. Section 14 of the Act can be invoked by the secured creditors to enable them to take possession of the premises. There is no reason for the Chief Judicial Magistrate to hear the respondents in the W.P.(C)No.25232 OF 2014 : 2 :
matter. For that reason, the jurisdiction of the Chief Judicial Magistrate is very limited. It is submitted by the petitioners that certain applications have been filed as Exts.P17 and P18 by the debtors for conducting certain enquiry. Prima facie, these are not matters to be considered by the Chief Judicial Magistrate while exercising the power under Section 14 of the Act. This position has been made clear by this Court in Nalinkshan A v. Abulaise and Another (2013 (4) KHC 284) . In the light of the above decision, the writ petition is disposed of as under:
The Chief Judicial Magistrate, Kozhikode shall ensure that the Advocate Commissioner takes possession of the premises within a period of 15 days from the date of receipt of a copy of this judgment.
jes A.M.SHAFFIQUE, Judge