Ashok Kumar, J.

Heard Sri Gyan Prakash Shrivastava, learned counsel for the petitioners.

2. The instant petition has been filed by the petitioner Kashi Gomti Samyut Gramin Bank through its Regional Manager/Authorized Officer by which the petitioner has challenged the order passed by the Chief Judicial Magistrate, Azamgarh in Case No. 3562 of 2019 dated 08.02.2019. By the order dated 08.02.2019 the petitioner's application for taking the possession of the immovable property against the loan sanctioned by the petitioner is rejected on the ground that the same is not maintainable.

3. The submission of the counsel for the petitioner is that the impugned order of the Chief Judicial Magistrate is illegal and bad, as similar power is vested with the Chief Judicial Magistrate as is vested in Metropolitan City with Chief Metropolitan Magistrate.

4. Learned counsel for the petitioner has submitted that Section 14 of the Securitisation And Reconstruction of Financial Assets And Enforcement of Security Interest (SARFAESI) Act, 2002 clearly provides the power with the Chief Metropolitan Magistrate or the District Magistrate to assist secured creditor in taking possession of secured assets.

5. For the convenience, the provision of Section 14 (1) and 14(2) of SARFAESI Act, 2002 are produced herein below:-

Section 14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.- (1) Whether the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him-

(a) take possession of such asset and documents relating thereto; and

(b) forward such assets and documents to the secured creditor:

Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that-

(i) the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application;

(ii) the borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period;

(iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii) above;

(iv) the borrower has committed default in repayment of the financial assistance granted aggregating the specified amount;

(v) consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a non-performing asset;

(vi) affirming that the period of sixty days notice as required by the provisions of sub-section (2) of Section 13, demanding payment of the defaulted financial assistance has been served on the borrower;

(vii) the objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been communicated to the borrower;

(viii) the borrower has not made any repayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub-Section (4) of Section 13 read with Section 14 of the Principal Act;

(ix) that the provisions of thi