Bank Of Baroda vs The District Magistrate And Collector
2026 Latest Caselaw 1384 Chatt

Citation : 2026 Latest Caselaw 1384 Chatt
Judgement Date : 7 April, 2026

[Cites 3, Cited by 0]

Chattisgarh High Court

Bank Of Baroda vs The District Magistrate And Collector on 7 April, 2026

                                              1




                                                               2026:CGHC:15922


                                                                             NAFR

                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                   WPC No. 1531 of 2026

Bank Of Baroda Through - Its Authorized Officer / Chief Manager, Mr. Manoj Kumar
Sarma, S/o Lt. Kamal Chandra Sarma, Aged About 37 Years, Bank Of Baroda,
Branch- Agrasen Chowk Telephone Exchange Road Bilaspur, District- Bilaspur
(Chhattisgarh) Pin Code- 495001
                                                                          ... Petitioner
                                           versus
1 - The District Magistrate And Collector District - Bilaspur (Chhattisgarh) Pin Code-
495001
2 - Rajmeet Singh Domir S/o Mr. Tejinder Singh Domir Aged About 34 Years
Address - Ward No. - 02, Main Road Surya Vihar Yadunandan Nagar Bilaspur,
District- Bilaspur (Chhattisgarh), Pin Code- 495001.
                                                                       ... Respondents

For Petitioner : Mr. Shailesh Puriya, Advocate For Respondent No.1/State : Mr. Sabyasachi Choubey, Govt.Advocate

(Hon'ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 07.4.2026

1. Heard.

2. Learned counsel appearing for the petitioner submits that the

procedure contemplated under Section 14 of the Securitization and

Reconstruction of Financial Assets and Enforcement of Security Interest Act,

2002 (henceforth, the SARFAESI Act") was commenced against borrower as

his account was declared as Non-Performing Asset (NPA). He further Digitally signed by BINI BINI PRADEEP PRADEEP Date:

2026.04.08 10:14:36 +0530

submits that proviso to Section 14 of the SARFAESI Act provides that the

decision on like nature of the application has to be made within a period of 30

days and, if not so, within a further period of 60 days. In the instant case, the

petitioner has filed application under Section 14 of the SARFAESI Act on

28.10.2025 before respondent No.1, to which Revenue Case

No.202510072100017/B-121/2025-26 has been registered by the District

Magistrate. But aforesaid case has not been decided yet by respondent No.

1/District Magistrate, Bilaspur. Hence, it is prayed that respondent No.1 may

be directed to decide aforesaid case within the stipulated period.

3. For ready reference, the proviso to Section 14 of the SARFAESI Act is

reproduced hereinunder :

[Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer 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 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 non performing asset;

(vi) affirming 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 Officer 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 affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit 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 but exceeding in aggregate sixty days.] Provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any District Magistrate or the 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 officer 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

or 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 officer 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. A bare perusal of the aforesaid provision shows that when Section 14

proceeding is moved, the concerned Officer shall, after satisfying the contents

of the affidavit, 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 so, then after recording reasons in writing for the same,

pass the order within such further period but not exceeding in aggregate sixty

days.

5. Prima facie, the documents filed by the petitioner in the instant case

show that more than five months have already elapsed, despite that

proceeding under Section 14 of the SARFAESI Act has not been concluded

by respondent No. 1- District Magistrate, Bilaspur, which cannot be

appreciated, as the same is not in accordance with law, therefore, the

respondent No. 1- District Magistrate, Bilaspur, Distt. Bilaspur is directed to

conclude the proceeding under Section 14 of the SARFAESI Act bearing

Revenue Case No.202510072100017/B-121/2025-26, within a further period

of 30 days from the date of receipt of a copy of this order.

6. With the aforesaid observations & directions, the writ petition stands

disposed of.

7. Pending interlocutory application(s), if any, stands disposed of.

Sd/-

                                                      (Naresh Kumar Chandravanshi)
Bini                                                             Judge