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2014 Supreme(Cal) 433

DEBANGSU BASAK
Swastyayan Agro Industries – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Dilip Kumar Samanta, A.K. Paul, Biswajit Hazra, Advocates.
For the Respondents:R2, P.K. Roy, S. Banerjee, Advocates.

Judgment :

Debangsu Basak, J.

The challenges in the writ petition are the actions of the District Magistrate and the Additional District Magistrate in their exercise of powers under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

The Respondent No. 4 passed an Order on December 19, 2012 in presence of the parties directing physical possession of the mortgaged property of the petitioner to be taken and providing police assistance for taking over of physical possession. The petitioner claimed that, an Additional District Magistrate was not the District Magistrate contemplated under Section 14 of the SARFAESI Act, 2002. A District Magistrate cannot delegate his powers. The petitioner contrasted the unamended Section 14 with that of the amended Section 14 particularly Sub-Section (1A) thereof introduced subsequently to submit that, it was never the intention of the legislature to allow a District Magistrate to delegate his powers of Section 14 of the SARFAESI Act, 2002 to any other authority in its unamended version. If that was the intention, the subsequent addition of Sub-Section (1A) to Section 14




































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