[Cites 3, Cited by 0]
Chattisgarh High Court
Bank Of Baroda vs The District Magistrate And Collector on 16 March, 2026
1
2026:CGHC:12455
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1119 of 2026
Bank Of Baroda Through Its Authorized Officer/ Chief Manager Mr. Prahlad Kumar
Jha S/o Mr. Deochandra Jha, Aged About 46 Years Address Bank Of Baroda,
Regional Office Rajkishore Nagar, Bilaspur , (Chhattisgarh) Pin Code 495006
... Petitioner
versus
1 - The District Magistrate And Collector District Bilaspur (Chhattisgarh) Pin Code
495001
2 - Sonam Kashyap, Proprietor- Super Coal Trading Company Aged About 27 Years
D/o Mr. Ganeshram Kashyap Address Permanent Address Flat No. F/1 Third Floor,
Block -04, Shri Ram Tower Bilaspur , Tahseel And District- Bilaspur (Chhattisgarh)
Pin Code -495006 Address C/o Nehru Sahu Sanchi Home Colony Qutar No. 07,
Ramkrishna Nagar Road Mopka Bilaspur Tahseel And District- Bilaspur
(Chhattisgarh) Pin Code -495006
... Respondents
For Petitioner : Mr. Punit Ruparel, Advocate
For Respondent No.1/State : Mr. Anandi Sharma, Panel Lawyer
(Hon'ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board
16.03.2026
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,
Digitally
signed by
BINI
BINI PRADEEP
PRADEEP Date:
2026.03.17
10:58:24
+0530
2002 (henceforth, the SARFAESI Act") was commenced against borrower as
her account was declared as Non-Performing Asset (NPA). He further
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
02.12.2025 before respondent No.1, to which Revenue Case
No.202512072100003/B-121 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. The SARFAESI Act provides 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 about 03 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.202512072100003/B-121, 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)
Judge
Bini
