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 2On 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 2Despite the lapse of approximately three months, the District Magistrate failed to pass orders on the application
Source reference: para 5The Petitioner approached the High Court seeking a direction for the timely disposal of the case as per statutory timelines
Source reference: para 2Issues
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 & 4Law 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 3Under 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 3The 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 3Reasoning
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 4In the present case, the court observed that three months had passed since the Petitioner filed the application on 02.12.2025
Source reference: para 5This delay exceeded the maximum statutory limit of 60 days (30 days initial + 30 days extension) prescribed by the SARFAESI Act
Source reference: para 4-5The court held that such non-compliance with statutory timelines is not in accordance with the law and cannot be appreciated
Source reference: para 5Holding
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 6-7Original Court PDF
BANK OF BARODAvsTHE DISTRICT MAGISTRATE AND COLLECTOR
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