Section 14 SARFAESI power is not personal to the District Magistrate; possession steps may be taken through an authorised officer.

Section 14 of the SARFAESI Act confers an executionary function to secure possession of secured assets after default and notice under Section 13(2), not an adjudicatory or quasi-judicial power. The District Magistrate or Chief Metropolitan Magistrate is required only to verify the jurisdictional facts and then take, or cause to be taken, possession steps under Section 14(2). On that statutory scheme, the office is not a persona designata, and the argument that only the District Magistrate personally could act was rejected. Action taken through the Sub-Divisional Magistrate was therefore upheld.

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Issues: Whether the District Magistrate acting under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is a persona designata and whether the power under that provision is confined to that officer personally.

Analysis: The power under Section 14 is only to secure possession of the secured asset on a request by the secured creditor after default and issuance of notice under Section 13(2). The statutory function is executionary in nature and does not involve adjudication or quasi-judicial determination. The District Magistrate or Chief Metropolitan Magistrate is only required to verify the jurisdictional facts and then take or cause to be taken steps for possession under Section 14(2). On that scheme, the office is not treated as a persona designata, and the contention that only the District Magistrate personally can act was rejected.

Conclusion: The District Magistrate is not a persona designata for purposes of Section 14, and the impugned action taken through the Sub-Divisional Magistrate was upheld.

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