IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE PRADEEP MITTAL

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ON THE 28 OF NOVEMBER, 2025 WRIT PETITION No. 45090 of 2025 EQUITAS SMALL FINANCE BANK LIMITED.

Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Rohit Saboo - learned counsel for the Shri Rajvardhan Dutt Padraha - Advocate for respondent/State.

ORDER Per: Justice Vivek Rusia The petitioner has filed the present writ petition being aggrieved by the order dated 23.08.2025 (Annexure P/4), whereby the Chief Judicial Magistrate, Khandwa, District Khandwa (MP), dismissed the petitioner’s application filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’). The dismissal was on the technical ground that the authorization letter of the person who issued the demand notice under Section 13(2) had not been filed along with the Section 14 application, and further, that the petitioner failed to produce the authorization letter empowering the authorized officer to file the application under Section 14

2. Learned counsel for the petitioner submits that the similar issue came up before this Court in Writ Petition No.34845/2025 titled as AU Small Finance Bank Ltd through Authorized Signatory Mr. Madhur Gupta Vs. the State of Madhya Pradesh and Another and this Court vide order dated

04.09.2025 has passed the following orders:-

"4. Relevant provisions of Section 14 of the SARFAESI Act are reproduced, 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 the 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 in spite o