Chhattisgarh High Court

District Magistrates must strictly observe mandatory statutory timelines for deciding Section 14 SARFAESI applications.

BANK OF BARODA vs THE DISTRICT MAGISTRATE AND COLLECTOR

Chhattisgarh High CourtJUDGMENT: March 16, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner (Bank of Baroda) initiated proceedings under the SARFAESI Act against Respondent No. 2 (Borrower) after her account was classified as a Non-Performing Asset (NPA)

Source reference: para 2

On 02.12.2025, the Petitioner filed an application under Section 14 of the SARFAESI Act before Respondent No. 1 (District Magistrate, Bilaspur) to take possession of the secured assets, which was registered as Revenue Case No. 202512072100003/B-121

Source reference: para 2

Despite the lapse of approximately three months, the District Magistrate failed to pass orders on the application

Source reference: para 5

The Petitioner approached the High Court seeking a direction for the timely disposal of the case as per statutory timelines

Source reference: para 2
02

Issues

Whether the District Magistrate is mandatorily required to decide an application under Section 14 of the SARFAESI Act within the specific timelines prescribed by the statute.

Source reference: para 2 & 4
03

Law Applied

The court applied Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)

Source reference: para 3

Under the second proviso to Section 14, the District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) must pass orders for taking possession of secured assets within 30 days from the date of the application

Source reference: para 3

The third proviso allows for an extension of this period for reasons recorded in writing, provided that the total aggregate period does not exceed 60 days

Source reference: para 3
04

Reasoning

The court examined the procedural requirements of Section 14, noting that once a secured creditor files an application accompanied by a valid affidavit, the DM/CMM must satisfy themselves regarding the contents of the affidavit and pass orders for possession

Source reference: para 4

In the present case, the court observed that three months had passed since the Petitioner filed the application on 02.12.2025

Source reference: para 5

This delay exceeded the maximum statutory limit of 60 days (30 days initial + 30 days extension) prescribed by the SARFAESI Act

Source reference: para 4-5

The court held that such non-compliance with statutory timelines is not in accordance with the law and cannot be appreciated

Source reference: para 5
05

Holding

The High Court allowed the petition and directed Respondent No. 1 (District Magistrate, Bilaspur) to conclude the proceedings in Revenue Case No. 202512072100003/B-121 under Section 14 of the SARFAESI Act within a further period of 30 days from the date of receipt of the court’s order

The writ petition and all pending interlocutory applications were disposed of accordingly

Source reference: para 6-7
Chhattisgarh High Court

Original Court PDF

BANK OF BARODAvsTHE DISTRICT MAGISTRATE AND COLLECTOR

Chhattisgarh High Court · March 16, 2026

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