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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Capri Global Housing Finance Limited Through Its Regional Legal Manager Sandeep Kumar Dixit – Appellant
Versus
State of Chhattisgarh Through The Secretary, Department Of Revenue – Respondent
Order :
Parth Prateem Sahu, J.
1. Petitioner has filed this petition praying for following reliefs:-
“10.1 That, this Hon’ble Court may graciously be pleased to issue an appropriate writ, order, or direction to the Tahsildar Raipur, District Raipur to assist in handing over lawful possession of the mortgaged immovable property to the petitioner, in compliance with the order passed by Learned Chief Judicial Magistrate Raipur in MJC Criminal No.1954/2024 under Section 14 of the SARFAESI Act, 2002 within a period of two weeks, in the interest of justice.
10.2 That, this Hon'ble Court may graciously be pleased to issue an appropriate writ, order, or direction to the Tahsildar Raipur, District Raipur, in light of the judgments passed in AU Small Finance Bank Limited (Supra) and PNB Housing Finance Ltd. (supra), directing that after obtaining an order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the secured creditor shall not be compelled to run from pillar to post for execution of such order, and further directing the Tahsildar to ensure timely and effective execution of the said order, in the interest of just
District Magistrate must execute possession orders under Section 14 of the Act within 30 days, extending up to 60 days only if reasons are recorded.
The District Magistrate must act within 30 days to assist secured creditors under the SARFAESI Act, ensuring timely compliance with legal provisions.
The court affirmed that the order of the Debts Recovery Tribunal restraining possession of secured assets is binding and unchallenged, nullifying the petitioner's arguments.
Section 14 of the SARFAESI Act, 2002 mandates the District Collector to pass necessary orders within 30 days from the date of application by the secured creditor.
The court mandated that the District Magistrate must pass orders under Section 14 of the SARFAESI Act within 30 days, emphasizing the importance of adhering to statutory timelines.
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