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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Only Wheel – Appellant
Versus
Bank of Baroda – Respondent
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. This application under Article 227 of the Constitution of India is at the instance of the borrowers and is directed against a judgment and order dated August 30, 2024 passed by the Debts Recovery Appellate Tribunal at Kolkata in Misc. Appeal No. 17 of 2024.
2. By the judgment and order impugned, the order dated January 16, 2024 passed by the learned Debts Recovery Tribunal-III, Kolkata in S.A No. 229 of 2023 was set aside and the secured creditor was given liberty to proceed in accordance with law.
3. The predecessor-in-interest of the petitioners namely Sailendranath Ghosh availed overdraft facilities for Rs. 300.00 lakhs from the opposite party/bank. Since there was failure on the part of the petitioners to repay the loan amount, notice under Section 13(2) and 13(4) of the SARFAESI Act, 2002 was issued. Proposal for one time settlement was also made which did not materialize. Thereafter, the opposite party/bank filed an application under Section 14 of the SARFAESI Act, 2002 and the District Magistrate, 24 Parganas (South) at Alipore passed an order on 6th October, 2023 under Section 14 of the SARFAESI Act, 2002 directing the Inspector-in-C
A District Magistrate's authority under the SARFAESI Act is administrative; subsequent orders can be made to modify the officer assigned for asset possession without it being deemed functus officio.
Possession of the secured asset can be taken by the secured creditor before confirmation of sale of the secured assets as well as post confirmation of sale.
The District Magistrate's role under Section 14 of the SARFAESI Act is ministerial, requiring prompt action without adjudicating disputes between parties.
District Magistrate's role under S.14 of the SARFAESI Act is purely administrative with no adjudicatory powers, upholding the law's constitutionality and confirming the permissibility of judicial rev....
The Court clarified the jurisdiction of the Chief Judicial Magistrate under Section 14 of the SARFAESI Act, holding that both the District Magistrate and Chief Judicial Magistrate have the jurisdicti....
Possession of mortgaged property – Section 14 of SARFAESI Act, 2002 does not involve adjudicatory process qua points raised by borrower against secured creditor/bank taking possession of secured asse....
The District Magistrate's role under section 14 of the SARFAESI Act is ministerial and does not involve adjudication on the merits of the claim. The Magistrate's satisfaction with the information pro....
(1) Possession of secured asset – Powers exercisable by CMM/DM under Section 14 of SARFAESI Act are ministerial step – Section 14 of SARFAESI Act does not involve any adjudicatory process qua points ....
The District Magistrate is not required to grant an opportunity of hearing to the petitioners while examining applications filed by secured creditors under Section 14 of the SARFAESI Act, 2002. The p....
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