Powers of the Chief Metropolitan Magistrate or District Magistrate under Section 14 of the SARFAESI Act are ministerial and non-adjudicatory; therefore, a hyper-technical approach cannot be adopted to frustrate the object of the enactment.

ORDER

Per: Justice Vivek Rusia

Heard on the question of admission.

The petitioner has filed the present writ petition under Article 226 of the Constitution of India, being aggrieved by the order dated 03.09.2025 (Annexure P/3) passed in MJCR No.172/2025 whereby the Chief Judicial Magistrate, District Tikamgarh (MP) has dismissed an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act), on the technical ground that notice under Section 13 (2) of the SARFAESI Act was not issued in accordance with law.

That the petitioner initiated proceedings against the borrowers for recovery of debt under the provisions of the SARFAESI Act by issuing the notice under Section 13 of the SARFAESI Act, and when the debt was not paid, an application was filed before the CJM Tikamgarh under Section 14 of the SARFAESI Act. Before passing the aforesaid impugned order, the learned Magistrate heard on the registration of the application. Vide order dated 03.09.2025 (Annexure P/3) learned the Chief Judicial Magistrate, District Tikamgarh (MP) has dismissed an application under Section 14 of the SARFAESI Act on the technical ground that notice under Section 13 (2) of the SARFAESI Act was not issued and served in accordance with law. Hence this writ petition before this Court.

We have heard learned counsel for the petitioner.

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 of th