M. R. SHAH, KRISHNA MURARI
Balkrishna Rama Tarle Dead Thr LRS – Appellant
Versus
Phoenix ARC Private Limited – Respondent
The provided legal document primarily discusses the powers and scope of the authorities under Section 14 of the SARFAESI Act, emphasizing that the assistance of the Chief Metropolitan Magistrate or District Magistrate in taking possession of secured assets is a ministerial act that does not involve adjudication of disputes or questions regarding tenancy or ownership rights (!) (!) . It clarifies that once all formalities and requirements are satisfied by the secured creditor, the authority is obliged to assist in possession without delay, and any objections or disputes should be raised through the appropriate legal channels, such as proceedings under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal (!) .
Regarding the specific issue of whether CERSAI (Central Registry of Securitisation Asset Reconstruction and Security Interest of India) registration is necessary, the document does not explicitly address the registration requirements of CERSAI. However, the emphasis on formalities, compliance, and procedural correctness implies that registration with the appropriate authorities, such as CERSAI, is an integral part of establishing the validity and enforceability of security interests under the SARFAESI framework. The requirement for secured creditors to create and document security interests properly suggests that registration, including with CERSAI, is a procedural necessity to ensure the security interest is valid, enforceable, and recognized by the law (!) (!) .
In summary, while the document does not explicitly state that CERSAI registration is mandatory, the procedural context and the emphasis on formalities indicate that proper registration, including with CERSAI, is a crucial step in the security interest creation process to uphold legal enforceability and compliance with statutory requirements.
ORDER :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03.08.2022 passed by the High Court of Judicature at Bombay in Writ Petition No. 9749/2021, by which the Division Bench of the High Court has allowed the said writ petition preferred by the respondent No. 1 herein - secured creditor and has set aside order dated 27.08.2021 passed by the designated authority under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act, 2002) and directed the designated authority under Section 14 of the SARFAESI Act to dispose of the application under Section 14 of the SARFAESI Act afresh, legal heirs of original respondent No. 2 claiming to be the tenant of the mortgaged property, have preferred the present Special Leave Petition.
2. The Religare Finvest Ltd. (hereinafter referred to as the Religare) sanctioned a loan of Rs. 6 crores in favour of the borrowers. The said loan was secured by a registered mortgage created by borrowers in favour of Religare in respect of the property secured assets. The borrowers committed defaults in repayment of
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