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SUNITA AGARWAL, VIPIN CHANDRA DIXIT
Suraj Kumar Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Krishna Mohan Asthana, learned counsel appearing for the Bank, Sri Dhiraj Singh learned counsel has put in appearance on behalf of the borrower, Ms. Smriti Gupta, Advocate holding brief of Sri Prashant Kumar Pandey learned counsel for the petitioner appearing in the connected matter, Sri Nimai Das, learned Additional Chief Standing Counsel and Sri Apurva Hajela learned Standing Counsel for the State respondents, on the issue of the charges demanded by the police department for providing police force to hand over the physical possession of the secured asset to the Bank in accordance with sub-section (2) of Section 14 of SARFAESI Act, 2002.
2. Short question arises for consideration in three connected writ petitions is with regard to the demand of charges for the use of police force by the police department as communicated by the District Magistrate/Additional City Magistrate/Additional District Magistrate (Finance and Revenue), for the purpose of taking physical possession of the secured asset, to forward the same to the secured creditor/bank under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,
The main legal point established in the judgment is that the secured creditor/bank is obligated to deposit the costs/expenses demanded by the DM/CMM/Authorized Officer for the use of police force, wh....
Authorized officer is not expected to adjudicate the contentious issues raised by the concerned parties but only verify the compliance referred to in the first proviso of Section 14 and being satisfi....
(1) Possession of secured asset – Powers exercisable by CMM/DM under Section 14 of SARFAESI Act are ministerial step – Section 14 of SARFAESI Act does not involve any adjudicatory process qua points ....
The District Magistrate's role under Section 14 of the SARFAESI Act is ministerial, requiring prompt action without adjudicating disputes between parties.
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