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        Case ID :
        Indian Laws

        The HC dismissed the writ petition challenging the bank's...

        Bank's SARFAESI Section 14 application upheld despite lack of formal affidavit; borrowers failed to challenge Section 13(2) notice.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The HC dismissed the writ petition challenging the bank's application under Section 14 of SARFAESI Act for taking possession of secured assets. The court found that while the bank's application lacked a formal affidavit (a curable procedural defect), it contained verified transaction history and detailed asset descriptions. The petitioners had not denied receiving the Section 13(2) notice, nor had they responded to or challenged it before competent authorities. Following R.D. Jain and Company (2022), the court affirmed that the DM/CMM's role under Section 14 is ministerial, requiring verification of application information but not adjudication. The court concluded the petitioners were attempting to delay proceedings by concealing notice service facts.
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