JUDGMENT :

The present petition has been filed under Article 226 of the Constitution of India seeking quashment of the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as "SARFAESI Act, 2002").

02. At the outset, learned counsel raised point regarding maintainability of the application under Section 14 of the SARFAESI Act, 2002 on the ground that an earlier application under Section 14 of the SARFAESI Act, 2002 in respect of the same secured asset had already been filed and disposed of. It is contended that a repeated application is not maintainable.

03. Counsel for the respondent bank argued that there is no bar under Section 14 of the SARFAESI Act, 2002 to file repeated application. The principle of res judicata would not apply.

04. The similar issue came up for consideration before the Division Bench at Hyderabad in the case of M/s Sri. Balaji Centrifugal Castings V/s M/s ICICI Bank Limited rep. by its Authorized Officer, Nanakramguda, Hyderabad and another, 2018 SCC OnLine Hyd 368 that whether the bank has a right to invoke Section 14 of SARFAESI Act, 2002 as one time measure or it is open for the bank to file successive applications under the said provision.

05. In order to appreciate the aforesaid issue, it is apposite to refer the provisions of Section 14 of SARFAESI Act, 2002, which is quoted 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 assets 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 non-performing 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 the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of