M/S Sanu Engineering Works And Others v. Jana Small Finance Bank Limited

27.07.2023 SL.286 Ct no.34 Saswata CRR 2729 of 2023 In Re:- An application under Section 401 read with Section 482 of the Cr.P.C.

In the matter of : M/s Sanu Engineering Works & Ors. ... petitioners Mr. Haradhan Mondal ...For the petitioners

1. The present revisional application under the provisions of Section 401 read with Section 428 of the Cr.P.C. has been preferred in respect of a proceeding under Section 14 of the SARFAESI Act, 2002.

2. Having regard to the nature of the powers to be executed by the Learned CJM under the SARFAESI Act, 2002, it is well settled proposition of law that challenge to the provision of the SARFAESI Act, 2002 cannot be invoked under Section 482 of the Cr.P.C.

3. The petitioners would be at liberty to approach the appropriate forum for relief. Consequently, the revisional application being CRR 2729 of 2023 dismissed with the aforesaid observations.

4. Pending application, if any, is disposed of.

5. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta. (Tirthankar Ghosh, J.)