https://www.taxtmi.com/caselaws?id=284660 The amended proviso to Section 14 of the SARFAESI Act is treated as directory rather than mandatory because it is aimed at expeditious disposal, does not prescribe a consequence for breach, and non-compliance does not affect substantive rights; expiry of 60 days therefore does not divest the District Magistrate of jurisdiction. The affidavit requirement under the proviso is a substantive safeguard, but defects or omission can be challenged after possession is taken by invoking the statutory remedy before the Debts Recovery Tribunal under Section 17. In that setting, writ intervention under Article 226 is generally not the first recourse. en-us Fri, 19 Jul 2019 00:00:00 +0530 Mon, 02 Dec 2019 11:41:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=284660 The amended proviso to Section 14 of the SARFAESI Act is treated as directory rather than mandatory because it is aimed at expeditious disposal, does not prescribe a consequence for breach, and non-compliance does not affect substantive rights; expiry of 60 days therefore does not divest the District Magistrate of jurisdiction. The affidavit requirement under the proviso is a substantive safeguard, but defects or omission can be challenged after possession is taken by invoking the statutory remedy before the Debts Recovery Tribunal under Section 17. In that setting, writ intervention under Article 226 is generally not the first recourse. Case-Laws Indian Laws Fri, 19 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=284660