Madras High Court
Canara Bank vs M/S.Emyees Paper Industries on 11 January, 2023
CRP(MD)No.74 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.01.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
CRP(MD)No.74 of 2023
Canara Bank,
Salai Road Branch,
Dindigul District,
Represented through its Authorized Officer,
Ms.P.Shobana ... Petitioner
vs.
1. M/s.Emyees Paper Industries,
Proprietor Thiru S.Masthan Ibranhim,
S/o. Thiru.S.Mohammed Siddique,
No.49/13, Vivekanandha Nagar Extension,
Dindigul-624 003.
2. Thiru S.Mohammed Siddique ... Respondents
PRAYER : Writ Petition filed under Article 227 of the Constitution of
India, against the impugned docket order made in CRL MP filing No.
12626/2022 on the file of the Chief Judicial Magistrate, Dindigul, dated
06.08.2022, 01.11.2022, 21.11.2022.
For Petitioner : Mr.P.Madhan Alexandar
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CRP(MD)No.74 of 2023
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.)
Aggrieved by the return of the petition filed under Section 14
of the SARFAESI Act, the petitioner/Bank has filed this revision petition.
2. Originally, the petition filed by the Bank was returned on
06.08.2022 with an endorsement that original documents have not been
produced for verification. The petitioner re-presented the said petition
on 23.08.2022 stating that Section 14 of the SARFAESI Act does not
warrant such production of original documents for verification and that
there are various judgments of the Apex Court to the effect that the
District Magistrate or Chief Judicial Magistrate concerned should not
compel the secured creditor to produce the original documents.
However, the learned Chief Judicial Magistrate, Dindigul, again returned
the same with the following endorsements:-
''i) Original documents to be produced for verifying the
Xerox copies submitted before this Court.
2) or undertaking/affidavit to be filed.
3) To be stated the particulars regarding any stay/appeal is
pending before any forum.''
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CRP(MD)No.74 of 2023
3. The petitioner re-presented the petition on 17.11.2022 with
an undertaking affidavit. However, again, the petition was returned with
the following endorsement:-
''In affidavit Para No.3 stated that ''the list of documents
as mentioned in the petition are available with petitioner Bank
as original and as certified copies.
Then, explain what is the difficulty to produce the original
documents before this Court for verifying the documents.''
4. Challenging the aforesaid return endorsements, the petitioner
has filed this revision.
5. Learned counsel for the petitioner submitted that while
Section 14 of the SARFAESI Act does not warrant production of original
documents for verification, without considering the explanation of the
petitioner, the learned Magistrate exceeded the jurisdiction and returned
the petition twice for production of original documents, ignoring the fact
that he has to only assist the secured creditor in taking physical
possession of the secured asset. He further submitted that the original
documents are filed before the Debts Recovery Tribunal. Thus, he prayed
to set aside the impugned docket orders.
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CRP(MD)No.74 of 2023
6. We find force in the aforesaid contentions of the learned
counsel for the petitioner. Accordingly, the impugned docket orders
made in CRL MP filing No.12626/2022 on the file of the Chief Judicial
Magistrate, Dindigul, dated 06.08.2022, 01.11.2022, 21.11.2022 are set
aside. We direct the petitioner to re-present the petition filed under
Section 14 of the SARFAESI Act before the learned Chief Judicial
Magistrate, Dindigul, within a period of two weeks from the date of
receipt of a copy of this order. On such re-presentation, the learned
Chief Judicial Magistrate, Dindigul, is directed to take the petition in CRL
MP filing No.12626/2022 on file, without insisting upon production of
original documents for verification, and number the same, if the papers
are otherwise in order. Registry is directed to return the original petition
filed along with this revision to the learned counsel for the petitioner
after getting attesting copies of same.
7. With the above direction, the Civil Revision Petition is allowed.
No costs.
[D.K.K.,J.] & [R.V.,J.]
11.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
bala
https://www.mhc.tn.gov.in/judis
CRP(MD)No.74 of 2023
To
The Chief Judicial Magistrate,
Dindigul.
https://www.mhc.tn.gov.in/judis
CRP(MD)No.74 of 2023
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
bala
ORDER MADE IN
CRP(MD)No.74 of 2023
DATED : 11.01.2023
https://www.mhc.tn.gov.in/judis
