Back
RAJAN ROY, BRIJ RAJ SINGH
Bank Of Baroda Earlier Vijaya Bank Thru. Its Chief Manager Author. Officer – Appellant
Versus
State Of U. P Thru. Prin. Secy. Deptt. Of Home Govt. Lko. – Respondent
JUDGMENT :
1. Heard.
2. Yet another petition under Article 226 of the Constitution of India by a Bank seeking disposal of its application under Section 14 of the SARFAESI Act, 2002 (the Act, 2002) which has remained pending before the District Magistrate, Amethi since 2022. Every day such petitions are filed before this Court where Banks or financial institutions seek disposal of their applications filed under Section 14 of the Act, 2002 which have remained pending for long. The very purpose of having a separate procedure for recovery of loan etc under the Act, 2002 and providing a separate forum for adjudication of disputes was that such matters were to be expeditiously decided. Taking of possession under Section 14 of the Act, 2002 is a measure referable to Section 13(4) of the Act, 2002[(2011) 2 SCC 782 Kanaiyalal Lalchand Sachdev & Ors. vs. State of Maharastra & Ors.'; (2004) 4 SCC 311 Mardia Chemicals Ltd. & Ors. vs. Union of India & Ors.'; (2013) 9 SCC 620 Standard Chartered Bank vs. Noble Kumar & Ors.'.] but if applications under Section 14 of the Act, 2002 remain pending for long without there being any impediment in their disposal then it will create unimaginable consequence
The SARFAESI Act, 2002 mandates that applications under Section 14 must be disposed of expeditiously without requiring notice to borrowers, as the process is ministerial and non-adjudicatory.
Proceedings under Section 14 of the SARFAESI Act, 2002, are ministerial in nature, requiring no notice to borrowers, aimed at expediting recovery processes.
The District Magistrate's role under Section 14 of the SARFAESI Act is ministerial, requiring prompt action without adjudicating disputes between parties.
(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 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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
