Under Section 14 of the SARFAESI Act, a court is not required to provide notice to a debtor or consider claims from third parties regarding secured assets during the possession proceedings.

ORDER :

M.NAGAPRASANNA, J.

1. The petitioner is before this Court seeking the following prayer:

a. Issue a Writ in the nature of Certiorari setting aside the observation that “This possession delivery warrant is not binding on the 3^rd parties, if they are in possession of the property in any of the capacity, passed in the order dated 20.03.2025 in Crl.Mis.No.96/2024 on the file of Senior Civil Judge and CJM, Koppal vide Annexure-A

b. Pass such other order as deems fit to the Hon’ble Court including cost.

2. The issue that brings the petitioner bank to this Court is an outlandish order passed by the concerned Court. The order passed by the concerned Court reads as follows:

“ This petition filed by the petitioner under Section 14 of the SARFAESI Act is hereby allowed.

The petitioner is entitled to take physical possession of the secured asset which is described in the petition as achedule property.

Sri. Tajuddin s/o Mahmmad Hussain Sab Advocate [KAR/413/2022, Cell No.8722493947 R/o C/o Khajavalisab Lathi, Kumbar street, Bahaddurbandi village, Tq and Dist: Koppal is appointed as Court Commissioner with direction to take physical possession of the secured asset by drawing mahazar and also by taking video, audio/photographs at the cost of petitioner and hand over in favour of the petitioners within 60 days from the date of this order and submit compliance report before the office.

His fee is fixed for an amount of Rs.5,000/-.

Petitioners are directed to deposit the commission fee before the office or pay directly to the court commissioner by taking receipt from him within 15 days from the date of this order along with PF.

Further directed to furnish necessary particulars of this order and property in favour of the court commissioner within 15 days from the date of this order.

Further directed to assist the court commissioner for conducting the commissioner work actively and take actual possession of the secured asset on the date fixed by the court commissioner.

Office is directed to issue commissioner warrant in the name of court commissioner, if commission fee is deposited or payment receipt is furnished about payment of commission fee infavour of the court commissioner along with necessary particulars of this order and secured asset.

The possession delivery warrant is not binding on the 3^rd parties, if they are in possession of the property in any of the capacity.

3. In a proceeding under Section 14 of the SARFAESI Act, it is trite that the concerned Court cannot go beyond what is sought. In the case at hand, it is apparent that the concerned Court has overstepped its jurisdiction. The issue in the lis stands answered by what is considered by the Co-ordinate Bench in Writ Petition No.105775/2025 disposed on 08.09.2025 which reads as follows:

11. Answer to point No.3: Whether a magistrate is required to issue any notice to the debtor while exercising power under Section 14 of the SARFAESI Act?

11.1 Section 14 of the SARFAESI Act is reproduced hereunder for easy reference:

“14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.—(1) Where the possession of any secured assets is required to be taken by the secured creditor or if any of the secured assets is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured assets, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him—

(a) take possession of such asset and documents relating thereto; and

(b) forward such asset and documents to the secured creditor:

[Provided that any application by the secured creditor shall