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Showing contexts for: criminal procedure code 340 in Ms Cholamandalam Investment And ... vs Sh Mahesh Taneja And Ors on 1 July, 2024Matching Fragments
5. The respondent nos. 1 and 2 also filed an application on 16.08.2023 before learned CMM seeking clarification of order dated 03.07.2023 to an extent that the subject property belongs to them and not to the respondent no. 3 as pleaded by the petitioner. Yet another application was filed by the respondent nos. 1 and 2 before the learned CMM on 18.08.2023 under Section 340 CrPC (CT No. 1374/2023) alleging concealment of fact that the subject property had been purchased by respondent nos. 1 and 2 by public auction in O.A. No. 437/2017 entitled „Syndicate Bank Vs. M/s Daulat Ram Naresh Kumar, Mrs. Geeta Rani and Ors.‟
9. The said application was taken up for hearing by the learned Presiding Officer, DRT-1 Delhi on 31.01.2024, in which the notice was issued and the matter was directed to be listed on 01.02.2024.
10. Simultaneously, the respondent nos. 1 and 2 approached the learned CMM and filed an application on 25.01.2024 seeking early hearing of the application CT No. 1374/2023 (application under Section 340 CrPC).
14. He further submits that application under Section 340 CrPC, in which the impugned order has been passed, is itself not maintainable in the proceedings under Section 14 of the SARFAESI Act, in as much as the proceedings under Section 14 are merely administrative and not adjudicatory and a third party does not have a right to be heard at that stage. To buttress his contention the learned senior counsel has placed reliance on the decision of the High Court of Madras in Karuppasamy Vs The Authorised Officer, Axis Bank Limited Cr LO.P. No. 17489 of 2022.
17. He submits that remedy under Section 340 CrPC is independent of the remedy availed by the respondent nos. 1 and 2 under Section 17 of the SARFAESI Act and the application under Section 340 CrPC is maintainable even at the instance of third party when false statement has been made by the secured creditor with regard to the ownership and possession of the secured asset.He further submits that an application under Section 340 CrPC can be considered in the proceedings under Section 14 of the SARFAESI Act.