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NEUTRAL CITATION NO. 2025:MPHC-JBP:70356

2 WP-47874-2025

notice under Section 13 of the SARFAESI Act, and when the debt was not

paid, an application was filed before the CJM Mandsaur 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 19.08.2025 (Annexure P/4) learned the Chief Judicial Magistrate,

Mandsaur, District Mandsaur (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.

3. We have heard learned counsel for the petitioner.

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

Signature Not Verified

Signed by: RAJESH

MAMTANI

Signing time: 12/22/2025

4:27:48 PM

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