https://www.taxtmi.com/caselaws?id=111253 Section 14 of the SARFAESI Act is facilitative and non-adjudicatory: the Magistrate's role is limited to verifying that section 13(2) notice was issued and that the secured asset lies within territorial jurisdiction. No prior notice or personal hearing is required at that stage, because objections on possession, tenancy, prior documents, or the merits of resistance are not decided there. The statutory scheme places the borrower's and third party's substantive remedies in section 17 after measures under section 13(4) are taken. The document thus explains that natural justice yields to the express enforcement framework and that possession assistance may be granted without a pre-section 14 hearing. en-us Mon, 02 Apr 2007 00:00:00 +0530 Sat, 21 Apr 2012 13:23:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111253 Section 14 of the SARFAESI Act is facilitative and non-adjudicatory: the Magistrate's role is limited to verifying that section 13(2) notice was issued and that the secured asset lies within territorial jurisdiction. No prior notice or personal hearing is required at that stage, because objections on possession, tenancy, prior documents, or the merits of resistance are not decided there. The statutory scheme places the borrower's and third party's substantive remedies in section 17 after measures under section 13(4) are taken. The document thus explains that natural justice yields to the express enforcement framework and that possession assistance may be granted without a pre-section 14 hearing. Case-Laws Companies Law Mon, 02 Apr 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111253