A revision petition challenging an order under Section 14 of the SARFAESI Act is not maintainable; appeal lies before Debts Recovery Tribunal.

ORAL ORDER

This revision petition is filed challenging the order dated 02.04.2025 passed in Crl.Misc.No.71/2025 by the Prl.Senior Civil Judge and CJM, Shivamogga where under the petitioner has been directed deliver the possession of house property.

2. The operative portion of impugned order reads thus:

“The petition filed under Section SARFAESI Act, 2002 is allowed.

Respondents are hereby directed to surrender physical possession of the petition schedule property in favour of petitioner bank.

The jurisdictional police are hereby directed to assist in evicting the occupants of the schedule property if required by breaking open the lock and to deliver possession of the property.

Sri T.Vijay Advocate, Shivamogga is hereby appointed as Court Commissioner to execute the order.

Court Commissioner fee is fixed at Rs.5,500/-.

Office shall return the original documents to the petitioner bank.”

3. The impugned order has been passed on an application filed by the respondent under Section 14 of the SARFAESI Act. The petitioner is a borrower and respondent is the creditor. The petitioner has borrowed loan by executing mortgage deed of immovable property in favour of respondent. The petitioner became defaulter. Respondent after issuance of notice has filed petition under Section 14 of the SARFAESI Act. Section 14 of the SARFAESI Act reads as under:

14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.

(1)Where 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 asset 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 nonperforming 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