https://www.taxtmi.com/caselaws?id=457518 Section 14 of the SARFAESI Act authorises the District Magistrate to assist a secured creditor in taking possession after measures under Section 13(4). This function is ministerial, executory and non-adjudicatory: the District Magistrate verifies the affidavit and statutory preconditions but need not give the borrower prior notice or a hearing. Section 14(3) protects actions taken pursuant to such assistance from challenge before courts or authorities. Where borrowers had received the Section 13(2) notice and knew of the enforcement measures, absence of separate notice under Section 14 does not invalidate the possession-assistance order. A challenge to that order therefore fails, making the limitation issue before the Tribunal immaterial. en-us Wed, 19 Jan 2022 00:00:00 +0530 Sun, 22 Sep 2024 07:19:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457518 Section 14 of the SARFAESI Act authorises the District Magistrate to assist a secured creditor in taking possession after measures under Section 13(4). This function is ministerial, executory and non-adjudicatory: the District Magistrate verifies the affidavit and statutory preconditions but need not give the borrower prior notice or a hearing. Section 14(3) protects actions taken pursuant to such assistance from challenge before courts or authorities. Where borrowers had received the Section 13(2) notice and knew of the enforcement measures, absence of separate notice under Section 14 does not invalidate the possession-assistance order. A challenge to that order therefore fails, making the limitation issue before the Tribunal immaterial. Case-Laws Indian Laws Wed, 19 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457518