Magistrates must strictly adhere to statutory timelines for deciding Section 14 SARFAESI applications.

The petitioner, a secured creditor, filed an application (No. 342/2025) under Section 14 of the SARFAESI Act in September 2025 before the Chief Judicial Magistrate (CJM), Dehradun, seeking assistance in taking possession of secured assets.

Although the statutory framework contemplates a swift resolution of such applications, the matter remained pending for approximately six months without disposal.

The petitioner approached the High Court via a writ petition seeking a direction to the CJM to decide the application within a stipulated period, preferably one month.

Whether the High Court should issue a direction for the expedited disposal of an application filed under Section 14 of the SARFAESI Act when the statutory timeline for such disposal has been exceeded.

The Court applied Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.

This section mandates that upon a written request by a secured creditor, the Chief Metropolitan Magistrate or District Magistrate (or CJM) shall take possession of secured assets and documents.

The Court specifically relied on the statutory timeline provided within the Act, which prescribes a maximum limit of 60 days for the adjudication of such applications.

The Court observed that the petitioner’s application under Section 14 had been pending since September 2025.

It noted that the SARFAESI Act explicitly provides a maximum time limit of 60 days for the Magistrate to decide such matters.

Since nearly six months had elapsed, the Court found that the statutory period had long expired, rendering the petitioner's request for expedited disposal "innocuous" and legally sound.

The Court reasoned that the legislative intent of Section 14 requires prompt judicial assistance to secured creditors, and any delay beyond the 60-day threshold necessitates a direction for expedition.

The Court ordered the disposal to be completed preferably within six weeks from the date of production of a certified copy of the order, strictly adhering to the statutory timelines mandated by the SARFAESI Act.