Bank Of Baroda v. The Assistant Registrar, Meropolitan Magistrate Court

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2022.12.23 17:24:11 +0530 14-wp-5132-2022.doc Trupti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5132 OF 2022 Bank of Baroda ... Petitioner vs.

The Assistant Registrar, Metropolitan Magistrate Court, Kurla & Ors. ... Respondents ......

Mr. Archit Virmani with Mr.Atul Gupta and Ms. Saljana Salvi for the Petitioner.

Mr. S.R.Nargolkar with Mr. Arjun Kadam for Respondent Nos. 1 to 5.

Mr. S.B.Gore, AGP for the State.

.......

CORAM : NITIN JAMDAR AND GAURI GODSE, JJ.

DATE : 21 DECEMBER 2022 P.C.:

Heard the learned Counsel for the parties.

2.

This petition is filed for sole direction that the order passed by the Additional Chief Metropolitan Magistrate under section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 for police protection is not being implemented by the police authorities. 1/2

14-wp-5132-2022.doc 3.

If the order is passed by the Additional Chief Metropolitan Magistrate as that an authority under section 14 of the Act of 2002, the same should be implemented by the Deputy Commissioner of Police.

4.

The learned Counsel, who appears for the Registry of the Metropolitan Magistrate, states that the issue would be placed before the Metropolitan Magistrate who has issued the necessary directions to the Deputy Commissioner of Police. The Metropolitan Magistrate will look into this aspect.

5.

Placing our disapproval on record that the remedy of writ jurisdiction for such routine administrative action to be undertaken by the police authorities has to be invoked, we dispose of the writ petition.

(GAURI GODSE, J.) (NITIN JAMDAR, J.) 2/2