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DELHI HIGH COURT
AMIT BANSAL
Housing Development Finance Corporation Ltd. – Appellant
Versus
Rakesh Kumar – Respondent
| Table of Content |
|---|
| 1. petition under article 227 against cmm orders. (Para 1 , 2) |
| 2. overview of facts leading to the petition. (Para 3) |
| 3. contentions regarding cmm's jurisdictional limits. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. issues raised in the petition for consideration. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. legal observations regarding sarfaesi act and civil orders. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. cmm's mandate under sarfaesi act clarified. (Para 34) |
| 7. final orders and directions issued. (Para 35 , 36 , 37) |
JUDGMENT
Amit Bansal, J. The present petition under Article 227 of the Constitution of India impugns orders passed by the Chief Metropolitan Magistrate (CMM), South West, Dwarka Courts, New Delhi, being (i) the order dated 30th March, 2021, whereby a further period of ninety days has been granted to the court appointed receiver for complying with the order dated 15th October, 2019, whereby the said receiver was appointed to take possession of the secured asset; and, (ii) the order dated 17th August, 2021, whereby the Court of the CMM has failed to pass any orders qua the extension of time in view of the status quo orders pass
Point of Law : SARFAESI Act - There is no provision under Section 14 that requires imposition of any time limit for aforesaid purpose - Only time limit provided in Section 14 is in proviso to Section....
The powers under Section 14 of the SARFAESI Act are ministerial; prior notice to the borrower is not required. Remedies are limited to the Debt Recovery Tribunal following action under the Act.
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.
The court clarified that the jurisdiction of the relevant Authority under Section 14 of the SARFAESI Act is limited to assisting a secured creditor in recovering possession of secured assets from a d....
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