JUDGMENT :

A.S. Doctor, J.

1. The present Writ Petition impugns an order dated 27th August 2021 (“impugned order”) passed by Respondent No.1 (Additional District Magistrate, Nashik) in an application filed by Petitioners under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) seeking assistance of Respondent No.1 to recover possession of the properties mortgaged (“secured asset”) by Respondent Nos. 3 to 8 (Borrowers) in favour of Petitioner. By the impugned order not only has Respondent No.1 failed and neglected to assist Petitioner in recovering possession of the secured asset, but has effectively granted relief in favour of Borrowers and Respondent No.2 (a Third Party).

2. We are constrained to note that the impugned order is yet another instance of the Designated Authorities (“DA”) under Section 14 of the SARFAESI Act not only failing and/or neglecting to exercise the jurisdiction vested in them under Section 14 of the SARFAESI Act, but instead, and regrettably acting in excess of the jurisdiction vested in them under Section 14 and also contrary to Section 14 of the SARFAESI Act. We find that suc