Statutory role under SARFAESI section 14 cannot be replaced by police enquiry or extraneous procedure.

Section 14 of the SARFAESI Act requires the Chief Metropolitan Magistrate or District Magistrate, on a secured creditor's written request, to perform the statutory ministerial and coercive functions necessary to take possession of the secured asset and forward it to the creditor. A direction instead referring the matter to the police for enquiry and notice to the borrowers is outside that mandate and is inconsistent with the statutory scheme. The impugned order was therefore unsustainable and liable to be quashed, and the request had to be dealt with only in accordance with section 14(2).

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Issues: Whether the Chief Metropolitan Magistrate, on a request under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, could direct the police to enquire into the matter and issue notice to the borrowers instead of acting in accordance with the statutory mandate.

Analysis: Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 empowers the Chief Metropolitan Magistrate or the District Magistrate, on a written request by the secured creditor, to take possession of the secured asset and documents and to forward them to the secured creditor. The provision also authorises such steps and use of force as may be necessary for securing compliance. A direction merely referring the matter to the police for enquiry and issuance of notice to the respondents does not fall within the statutory function contemplated by sub-section (2). The impugned order was therefore inconsistent with the statutory scheme.

Conclusion: The impugned order could not be sustained and was liable to be quashed; the secured creditor's request had to be considered only in accordance with section 14(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Ratio Decidendi: When a statute prescribes a specific ministerial and coercive role for a magistrate in aid of a secured creditor, the magistrate cannot substitute that function with a police enquiry or other extraneous procedure not authorised by the statute.

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