SARFAESI Section 14 proceedings are ministerial; affidavit defects are curable and borrowers must pursue Section 17 remedies.

Proceedings under Section 14 of the SARFAESI Act are ministerial and non-adjudicatory, so the Magistrate need not decide borrower-creditor disputes at that stage. The relevant inquiry is limited to jurisdiction over the secured asset and proof that Section 13(2) notice was issued. Here, service of the Section 13(2) notice was shown and was neither challenged nor replied to, while the absence of a solemnly affirmed affidavit was treated as a curable procedural defect through an additional affidavit. The borrowers' remedy, if any, lay under Section 17. The writ challenge failed and the Magistrate's order was upheld.

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Issues: Whether the Chief Judicial Magistrate's order refusing the borrowers' request for copies and permitting action under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 called for interference, particularly on the grounds of absence of notice at the Section 14 stage and alleged non-compliance with the affidavit requirement.

Analysis: The statutory scheme of Section 14 was applied on the basis that the Chief Metropolitan Magistrate or District Magistrate performs a ministerial function and is not required to undertake adjudication of disputes between the borrower and the secured creditor. The only matters relevant at that stage are whether the secured asset falls within jurisdiction and whether the Section 13(2) notice has been issued. The record showed service of a subsequent Section 13(2) notice, which was neither challenged nor replied to by the petitioners. The absence of a solemnly affirmed affidavit was treated as a procedural defect capable of being cured by filing an additional affidavit, and the borrowers' remedy, if any, lay in proceedings under Section 17.

Conclusion: The challenge was rejected and the order of the Chief Judicial Magistrate was upheld.

Final Conclusion: The writ petition failed as no legal infirmity was shown in the Section 14 proceedings or in the impugned refusal to supply the requested copies.

Ratio Decidendi: Proceedings under Section 14 of the SARFAESI Act are ministerial and non-adjudicatory; once service of the Section 13(2) notice and jurisdictional requirements are shown, procedural defects in the affidavit do not vitiate the action and the borrower's substantive remedy lies under Section 17.

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