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5 WP-47867-2025

CMM/DM is not required to adjudicate the dispute between the

borrower and the secured creditor and/or between any other third

party and the secured creditor with respect to the secured assets

and the aggrieved party to be relegated to raise objections in the

proceedings under Section 17 of the Sarfaesi Act, before the Debts

Recovery Tribunal."

7. The Full Bench of this High Court in the case of Bank Of Baroda v.

District Magistrate [WP 11500 of 2020] NEUTRAL CITATION NO. 2025:

MPHC-JBP:10415 has held as under in respect of power of magistrate under

Section 14 of the SARFAESI Act: -

"34. The wording of Section 14 of the Act is very clear. The Chief

Metropolitan Magistrate or the District Magistrate, as the case

may be, on receipt of such a request is obliged to take over

possession of the secured asset and forward the asset to the

secured creditor. There is no discretion given to the same

authority. Said authority is obliged to take possession and

handover to the secured creditor. We may note that first proviso to

Section 14 of the Act provides that the application of the secured

creditor shall be accompanied by an affidavit duly affirmed by an

authorised officer declaring to certain conditions as contained in

first proviso to Section 14 of the Act. Once such a declaration is

filed, the District Magistrate or Chief 19 WP-11500-2020

Metropolitan Magistrate has to merely satisfy himself with the

contents of the Affidavits and then pass suitable orders for the

purposes of taking possession of the secured asset within a period

of 30 days. The District Magistrate or Chief Metropolitan

Magistrate has been given powers only to ascertain as to whether

the Affidavit filed by the authorised officer satisfies the

requirement of the first proviso to Section 14 of the Act. Once the

Affidavit satisfies the requirement of Section 14 of the Act, the

District Magistrate has no discretion thereafter. In this case, the

application has been dismissed without notice to the

borrower/guarantor; and even otherwise, in view of the Full Bench

judgement of this Court, no notice is required to be given."

8. Shri Mallikarjun Khare, learned counsel submits that the petitioner is

in possession of all the documents to satisfy the learned Magistrate, had the

Signature Not Verified

Signed by: RAJESH

MAMTANI

Signing time: 12/22/2025

4:27:48 PM