The Kerala High Court in Union Bank of India v. Manaf (2025 KLT OnLine 1816) vide its judgement dated 10/04/2025 held :
- The Magistrate ,exercising jurisdiction under Section 14 of the SARFAESI Act is exercising a statutory power under the provisions of the SARFAESI Act, and any order passed in exercise of that power can be challenged only by invoking the statutory remedy under Section 17 of the SARFAESI Act. Therefore, even assuming that the order of the learned Magistrate in restoring the application filed by the petitioner bank was illegal, the same could have been challenged only by filing an application under Section 17 of the SARFAESI Act, and no revision is maintainable under the provisions of the BNSS.
- Mere description or the nomenclature of a petition filed does not determine the nature of jurisdiction that may be exercised by this Court3. It is well within the jurisdiction of this Court under Article 227 of the Constitution of India to set aside an order of any Court subordinate to it where this Court is of the opinion that the Court subordinate to it has exercised a jurisdiction not vested in it.
Copy of the Judgment can be downloaded from here.
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