Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Hinduja Housing Finance Ltd. – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SWARUPAMA CHATURVEDI, J.
1. Heard Sri Ashutosh Sharma, Sri Nitesh Kumar Jauhari and Sri Ajeet Singh learned counsel for petitioners and Sri Pradeepta Kumar Shahi, learned Additional Chief Standing Counsel and Sri Mukul Tripathi, learned Standing Counsel for the State respondents.
2. By means of the present batch of petitions filed under Article 226 of the Constitution of India, petitioners have prayed for issuance of an appropriate writ, order or direction in the nature of mandamus directing the concerned Magistrates to decide the applications filed by them under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter “SARFAESI Act, 2002”) expeditiously, within a time-frame for ensuring the physical possession of the property to petitioners.
3. The petitioner is same in all petitions, which is a registered housing finance company and a notified financial institution under the SARFAESI Act, 2002. The petitions challenge administrative delays in the exercise of statutory duties by the concerned Magistrates, which, according to the petitioner, amount to a violation of the mandatory timelines prescribe
The court emphasized the mandatory timeline for deciding applications under Section 14 of the SARFAESI Act to facilitate timely recovery of secured assets, indicating any undue delay undermines the o....
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 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.
(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.
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
