CJM No Jurisdiction in SARFAESI : Key Insights
In the complex landscape of banking recovery laws in India, the () plays a pivotal role. and often invoke this Act to recover dues from defaulting borrowers by taking possession of secured assets. However, a common question arises: CJM has no jurisdiction in third party petition in SARFAESI matter? This query highlights a critical jurisdictional limit under Section 14 of the Act.
If you're a third-party claimant, borrower, or secured creditor navigating SARFAESI proceedings, understanding the 's (CJM) role is essential. This post breaks down the legal position, supported by judicial precedents, and guides you on appropriate forums. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.
Understanding the and Section 14
The empowers secured creditors to enforce without court intervention in most cases. Section 14 specifically allows creditors to approach the CJM, (CMM), or (DM) for assistance in taking of secured assets.
However, the powers under Section 14 are , not judicial. As clarified in several judgments, the CJM's role is limited to facilitating possession, verifying basic compliances like jurisdiction and notice, without delving into disputes. 2023 2 Supreme 273 states, Powers exercisable by CMM/DM under are ministerial step – It cannot brook delay – It involves no qua points raised by borrowers against secured creditor.
This distinction is crucial when third parties—such as tenants, subsequent purchasers, or other claimants—file petitions challenging the creditor's actions.
Why CJMs Lack Jurisdiction Over
CJMs do not have the authority to entertain or adjudicate under Section 14. Their mandate is strictly to assist in possession, not to resolve , validity of mortgages, or third-party rights.
Key judicial findings include:- 2013 0 Supreme(Mad) 3013 holds that has no jurisdiction to assist secured creditors in taking possession of secured assets in non-metropolitan areas. This extends to rejecting as they involve disputes beyond ministerial functions.- 2025 Supreme(Online)(Ker) 45882 concludes that the CJM's functions under Section 14 are ministerial and do not involve adjudication, and that the borrower or third parties have to approach other forums like the for disputes or claims.
In essence, allowing CJMs to hear third-party claims would transform a speedy procedural mechanism into a full-fledged trial, defeating the Act's objective of expeditious debt recovery.
Ministerial Nature: Detailed Judicial Analysis
Courts have consistently emphasized the :
Scope of CJM Powers
- Limited to assisting possession after verifying creditor's compliance. 2023 2 Supreme 273 reinforces, Section 14 does not involve adjudication of disputes and is limited to assisting in possession.
- No power to hear objections on property rights or third-party claims.
Liladhar Ladappa Kendole VS Solapur Janata Sahakari Bank Ltd. - Current Civil Cases ()
notes CJMs' role is confined to verifying jurisdiction and notice, not adjudicating third-party claims.
Third-Party Claims Outside CJM Purview
typically question the secured asset's status, such as prior sales or tenancies. These require evidence and adjudication, which CJMs cannot provide. 2025 Supreme(Online)(Ker) 45882 directs such parties to competent forums.
Insights from Additional Judicial Precedents
While some cases affirm CJM's general authority under Section 14 for possession assistance, they align with limits on adjudication:
- 2025 Supreme(Online)(Cal) 2773 addresses challenges to CJM/ACJM jurisdiction, stating Learned counsel appearing on behalf of the State strongly opposes the challenge made to the jurisdiction of CJM or ACJM in passing an order under Section 14. The court dismissed the petition, affirming CJM competency for procedural orders but not expanding to disputes.
- Similarly, 2025 Supreme(Online)(Cal) 3168 upholds The has authority under Section 14 of the , reaffirming the permissibility of substituting functionaries for administrative purposes, yet frames it as non-adjudicatory.
- 2025 Supreme(Online)(Cal) 3774 confirms The possesses jurisdiction under Section 14 of the , permitting oversight of secured creditors' applications, but in the context of possession, not third-party adjudication.
Other sources highlight barred civil court jurisdiction under , redirecting to (DRT). For instance, 2021 0 Supreme(Telangana) 408 explains Section 34 of the , the Civil Court has no jurisdiction to entertain the suit inasmuch as the proceedings under the SARFAESI, emphasizing remedies under for 'any person' affected, including third parties.
stresses exhausting DRT remedies before writs: Exhaustion of alternate remedies under the before filing a writ petition under is crucial.
These reinforce that CJMs handle assistance, while disputes go elsewhere.
Alternative Forums for Third-Party Claims
If CJM rejects a third-party petition (as they must), consider:- (DRT): Primary forum under for challenging possession measures. Open to borrowers, guarantors, and third parties. 2021 0 Supreme(Telangana) 408- (): For appeals against DRT orders.- under : For writs, post-exhausting statutory remedies. 2017 0 Supreme(Chh) 63 notes orders under are amenable to , not .- : Generally barred by Section 34, except in fraud cases with strong evidence. 2017 0 Supreme(Gau) 1302 cautions ' ouster unless exceptional.
Exceptions and Limitations
- CJMs in metropolitan areas may assist possession but remain non-adjudicatory. 2019 0 Supreme(SC) 1067
- No notice required to borrowers/third parties for Section 14 registration. 2024 Supreme(Online)(MP) 29391: DM/ADM/CJM is not at all required to hear the application u/S 14 of the for the purpose of registration of the case. (iv) DM/ADM/CJM acting under Section 14 of the is not required to give notice either to the borrower or to the 3rd party.
- Delays or non-registration issues may arise, as in 2023 Supreme(Online)(MP) 11760, but don't confer adjudicatory power.
Practical Recommendations
- For Secured Creditors: File under Section 14 confidently for possession aid; expect ministerial processing.
- For Third Parties/Borrowers: Avoid CJM; approach DRT promptly under .
- Awareness: Time limits apply—act swiftly to protect rights.
Conclusion and Key Takeaways
Typically, CJMs lack jurisdiction to entertain in SARFAESI matters under Section 14, as their role is purely assistive and ministerial. Judicial precedents like 2023 2 Supreme 273, 2013 0 Supreme(Mad) 3013, and 2025 Supreme(Online)(Ker) 45882 firmly establish this boundary, directing disputes to DRT or higher courts.
Key Takeaways:- CJM powers: Possession assistance only—no adjudication.- Third-party remedies: DRT (), writs (post-exhaustion).- barred under Section 34.
Stay informed on evolving case law, and seek professional advice tailored to your situation for optimal outcomes in SARFAESI proceedings.
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