Nafr High Court
Case Details
1 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.18 14:49:37 +0530 2025:CGHC:7952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 905 of 2025 1 - Edelweiss Asset Reconstruction Company Limited Through Its
Legal Reasoning
5. Prima facie, the documents, in the instant case, would show that the sixty days' period have already completed much before. Therefore, the Respondent/CJM is directed to conclude the proceeding under 5 Section 14 of the SARFAESI Act within 30 days from the next date fixed.
Arguments
Authorized Officer Devendra Pal S/o Shri Ramaasre Pal Aged About 43 Years Having Its Corporate Office At Off Cst Road, Kalina, Near Mumbai University, Mumbai 400098 Maharashtra ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur Chhattisgarh 2 - Chief Judicial Magistrate District Raipur Chhattisgarh 3 - M/s Swastik Trading Company Through Its Proprietor Ravindra Raikwar R/o 38, Priyadarshini Nagar, Sector-6, Katora Talab Raipur District - Raipur Chhattisgarh 492 001 4 - Ravindra Raikwar R/o 38, Priyadarshini Nagar, Sector-6, Katora Talab Raipur District Raipur Chhattisgarh 492 001 5 - Vidhyadhar Ganpatrao Dalal R/o 38, Priyadarshini Nagar, Sector-6, Katora Talab Raipur District - Raipur Chhattisgarh 492 001 (Cause title taken from CIS) ... Respondent(s) 2 For Petitioner(s) : Shri Ritesh Sharma, Advocate. For Respondent/State : Shri Ritesh Giri, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 14.02.2025 Heard. 1. Learned Counsel for Petitioner submits that the procedure under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') was commenced against the borrowers as their account was declared as NPA. 2. According to learned Counsel for the petitioner, the proviso to Section 14 of the SARFAESI Act provides that the decision on the like nature of the said application to be concluded within a period of 30 days and, if not so, within a further period of 60 days. However, despite the fact that several months period has elapsed, the proceeding under Section 14 of the SARFAESI Act has not been concluded by Respondent No.1. 3. For ready reference, the proviso clause of Section 14 of the SARFAESI Act, is reproduced as under:- "1[Provided that any application by the secured creditor shall be accompanied by an afÏdavit duly afÏrmed by the authorized ofÏcer 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 3 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 nonperforming asset; vi. afÏrming 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 OfÏcer is, therefore, entitled to take possession of the secured assets under the provisions of sub-section (4) of section 13 read with section 14 of the principal Act; ix. that the provisions of this Act and the rules made thereunder had been complied with: Provided further that on receipt of the afÏdavit from the Authorised OfÏcer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the afÏdavit pass suitable orders for the purpose of taking possession of the secured assets within a period of thirty days from the date of application.] [Provided [also] that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate within the said period of thirty days for reasons beyond his control, he may, after recording reasons in writing for the same, pass the order within such further period but not 4 exceeding in aggregate sixty days.] Provided also that the requirement of filing afÏdavit stated in the first proviso shall not apply to proceeding pending before any District Magistrate orthe Chief Metropolitan Magistrate, as the case may be, on the date of commencement of this Act.] [(1A) The District Magistrate or the Chief Metropolitan Magistrate may authorise any ofÏcer subordinate to him,- (i) to take possession of such assets and documents relating thereto; and (ii) to forward such assets and documents to the secured creditor.] (2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate of the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) No act of the Chief Metropolitan Magistrate or the District Magistrate [any ofÏcer authorised by the Chief Metropolitan Magistrate or District Magistrate] done in pursuance of this section shall be called in question in any court or before any authority." 4. The SARFAESI Act provides that when Section 14 proceeding is moved, the OfÏcer shall, after satisfying the contents of the afÏdavit, shall pass suitable orders for the purpose of taking possession of the secured assets within a period of thirty days from the date of application and, if he fails to do it, then the said period of thirty days may further extend but shall not exceed which aggregate to sixty days. The SARFAESI Act further provides that the reasons shall also be recorded in the order of such extension.
Decision
6. With the aforesaid direction, the Writ Petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep