SHEEL NAGU, CHIEF JUSTICE ( Oral )

1. The present petition has been filed by the petitioner Bank, aggrieved by non-execution of the order dated 11.11.2020 (Annexure P-3) passed by Additional District Magistrate, Ludhiana (respondent No.1) under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘ SARFAESI Act ’).

2. The Apex Court in R.D. Jain & Co. Vs. Capital First Limited and others, (2023) 1 SCC 675, while explaining the width of jurisdiction under Section 14 of SARFAESI Act , held thus :

“23. However, for taking physical possession of the secured assets in terms of Section 14 (1) of the SARFAESI Act , the secured creditor is obliged to approach the CMM/DM by way of a written application requesting for taking possession of the secured assets and documents relating thereto and for being forwarded to it (secured creditor) for further action. The statutory obligati