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2020 Supreme(SC) 651

C. Bright – Appellant
Versus
District Collector – Respondent


Advocates Appeared:
For the Appellant :Ms. Surbhi Mehta Advocate.
For the Respondent:Mr. Ashish Wad, Advocate, Mrs. Tamali Wad, Advocate, Mr. Sidharth Mahajan, Advocate, Mr. Ajeyo Sharma, Advocate, Ms. Sukriti Jaggi, Advocate, For M/s. J S Wad And Co, Advocate.

JUDGMENT :

Hemant Gupta, J.

The challenge in the present appeal is to an order passed by the Division Bench of the Kerala High Court of 19.7.2019, whereby it was held that Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021[For short "the Act"] mandating the District Magistrate to deliver possession of a secured asset within 30 days, extendable to an aggregate of 60 days upon reasons recorded in writing, is a directory provision. The High Court held as under:

    "18. The primary question in these Writ Petitions, namely, whether the time limits in section 14 of the SARFAESI Act are mandatory or directory should be answered in light of the principles enumerated above. As stated above, the object and purpose of the said time limit is to ensure that such applications are decided expeditiously so as to enable secured creditors to take physical possession quickly and realise their dues. Moreover, as stated earlier, the consequences of non-compliance with the time limit are not specified and the sequitur thereof would be that the district collector/district magistrate concerned would not be divested of jurisdiction upon expiry


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