https://www.taxtmi.com/caselaws?id=111370 Proceedings under section 14 of the SARFAESI Act are confined to ministerial assistance by the Magistrate in taking possession of secured assets, without adjudicating competing claims over title or possession. A borrower or transferee's remedies against the secured creditor's measures lie under section 17, not in section 14 proceedings. In a revision or section 482 petition challenging refusal to act under section 14, the revisional court likewise does not determine those rights, so the notice requirement under section 401(2) CrPC does not apply. Notice to the borrower or transferee was therefore not mandatory, and a direction to issue notice was unsustainable. en-us Fri, 17 Nov 2006 00:00:00 +0530 Mon, 23 Apr 2012 12:28:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111370 Proceedings under section 14 of the SARFAESI Act are confined to ministerial assistance by the Magistrate in taking possession of secured assets, without adjudicating competing claims over title or possession. A borrower or transferee's remedies against the secured creditor's measures lie under section 17, not in section 14 proceedings. In a revision or section 482 petition challenging refusal to act under section 14, the revisional court likewise does not determine those rights, so the notice requirement under section 401(2) CrPC does not apply. Notice to the borrower or transferee was therefore not mandatory, and a direction to issue notice was unsustainable. Case-Laws Companies Law Fri, 17 Nov 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111370