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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Union Bank of India – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
G.S. Sandhawalia, J. (Oral) - The present judgment shall dispose of two writ petitions i.e. CWP-15918-2021 and CWP-2536-2022. Challenge in CWP-2536-2022 filed by loanee is to the order dated 25.02.2021 passed by the Debt Recovery Tribunal-II, Chandigarh in SA-49-2021 (Annexure P-42) wherein, interim relief was not granted regarding the auction proceedings on the ground that no ex parte orders could be passed. It is only against the interim order of the DRT, the writ petition has been filed. The auction was apparently fixed for 18.01.2021, which was also subject matter of challenge and stated to be in complete violation of the earlier interim order dated 17.02.2021 passed by this Court in CWP-29435-2019 (Annexure P-40) wherein, the petitioner has been relegated to his alternative remedy before the Tribunal with a direction that the interim order will continue for one week. We have also been informed that SA No. 49 of 2021 has now been dismissed in default on 17.04.2023.
2. The bank, on the other hand in CWP-15918-2021, has challenged the orders passed by the District Magistrate, Panchkula wherein, the earlier order dated 24.12.2020 (Annexure P-22) passed under Section 14 of
Duty of Magistrate under Section 14 of SARFAESI Act is only to ascertain whether secured assets fall within his jurisdiction and to verify from bank or financial institutions whether notice under Sec....
Point of law : As per the settled law, duty of Chief Metropolitan Magistrate (CMM)/District Magistrate (DM) under Section 14 of the SARFAESI Act is only to ascertain whether the secured assets fall w....
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....
Remedy of appeal under Section 17(1) of the SARFAESI Act is not available to secured creditors against District Magistrate orders but only to aggrieved parties.
The District Magistrate's jurisdiction under Section 14 of the SARFAESI Act is limited to ascertaining whether the statements required by the secured creditor in its affidavit have been made. The Dis....
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....
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.
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