Supreme Court Asserts: High Courts Cannot Quash Magistrate's SARFAESI Act Order under Section 482 CrPC
In a significant ruling, the Supreme Court has declared that orders issued by magistrates under Section 14 of the SARFAESI Act cannot be quashed by High Courts utilizing their powers under Section 482 of the Code of Criminal Procedure (CrPC). The division bench comprising Justices AS Bopanna and MM Sundresh emphasized that remedies under the SARFAESI Act must be pursued to challenge such orders. The verdict came in response to an appeal challenging the Madras High Court's decision to annul an order under Section 14 of the SARFAESI Act using its inherent powers under Section 482 CrPC. The Supreme Court held that any remedy against such orders could only be sought under the SARFAESI Act, 2002. The ruling grants the aggrieved parties the freedom to explore suitable legal remedies available to them in accordance with the law.
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TAGS: Supreme Court High Court quash magistrate's order Section 14 SARFAESI Act Section 482 CrPC.
