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G. S. SANDHAWALIA, GURBIR SINGH
Bank of Baroda – Appellant
Versus
District Magistrate, Ludhiana – Respondent
JUDGMENT
Mr. G.S.Sandhawalia, J.
The present judgment shall dispose of two writ petitions i.e. CWP Nos. 5349 and 5378 of 2021 as common questions of facts and law are involved in both the writ petitions.
Facts of CWP No. 5349 of 2021
2. The present writ petition filed under Article 226/227 of the Constitution of India challenges the order dated 14.01.2020 (Annexure P-7) passed by the District Magistrate, Ludhiana whereby the application filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the Act') was dismissed. Directions are further sought to take a decision on another application dated 01.09.2020 (Annexure P-10), which is stated to be pending.
3. A perusal of the impugned order dated 14.01.2020 (Annexure P- 7) would go on to show that an application dated 09.09.2019 (Annexure R-3) under Section 14 of the Act had been filed wherein the bank had prayed to take the property in its possession which had been mortgaged under the Act. The application had been objected to by the private respondents on the ground that the objections had been dismissed without any valid reason under Section 13 (3A) o
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....
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....
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....
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....
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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