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Issues: Whether the Chief Metropolitan Magistrate or District Magistrate under Section 14 of the SARFAESI Act acts as a persona designata, and whether the expression includes the Additional Chief Metropolitan Magistrate and Additional District Magistrate.
Analysis: The power under Section 14 of the SARFAESI Act is an assisting and ministerial function meant to enable the secured creditor to obtain possession of the secured asset. The provision requires the Magistrate to act on a written request, verify compliance with the statutory affidavit requirements, and pass suitable orders within the prescribed time. The function does not involve adjudication of borrower objections or any quasi-judicial determination. The scheme of the Code of Criminal Procedure also shows that an Additional Chief Metropolitan Magistrate may exercise the powers of a Chief Metropolitan Magistrate, and the same reasoning applies to Additional District Magistrates when they exercise powers at par with District Magistrates. A purposive construction was adopted to ensure timely implementation of the statute and to avoid frustration of its object by administrative pendency.
Conclusion: The Chief Metropolitan Magistrate or District Magistrate under Section 14 of the SARFAESI Act is not a persona designata, and the expression includes the Additional Chief Metropolitan Magistrate and Additional District Magistrate.
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