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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.
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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