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Wednesday, March 4, 2026

PLRonline.in

Sarfaesi S. 13(4), 14 – Not mandatory for a secured creditor to first issue a notice under Sec. 13 (4) and then approach the DM/CJM u/s14

November 11, 2022

in Banking

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Sarfaesi S. 14 – Magistrate not obliged to apply his mind to such an affidavit and satisfied that it is necessary to deliver possession of the secured asset

Sarfaesi S.14, 17 – Constitution of India, Art. 226 – though appeal lies u/s14, however as respondent chose to challenge the decision of the magistrate by invoking the jurisdiction of the High Court under Article 226 and he does not have any substantive objection, in the instant case would not be entitled to avail the remedy under section 17

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Sarfaesi S.14, 17 – Constitution of India, Art. 226 – though appeal lies u/s14, however as respondent chose to challenge the decision of the magistrate by invoking the jurisdiction of the High Court under Article 226 and he does not have any substantive objection, in the instant case would not be entitled to avail the remedy under section 17

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