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july 2022

Supreme Court of India · 2022-07-27

M/S R.D. JAIN AND CO. vs CAPITAL FIRST LTD

Citation / case number
SC 2018/3692
Court
Supreme Court of India
Petitioner
M/S R.D. JAIN AND CO.
Respondent
CAPITAL FIRST LTD
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 14 of the SARFAESI Act, ruling that the terms 'District Magistrate' and 'Chief Metropolitan Magistrate' include Additional District Magistrates and Additional Chief Metropolitan Magistrates. The court found that the High Court's interpretation was incorrect, thereby allowing the appeal by the borrower against the High Court's decision. This judgment clarifies the authority of magistrates in the context of the SARFAESI Act.

M/S R.D. JAIN AND CO. vs CAPITAL FIRST LTD · Niyam