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Patna High Court

HDFC Bank LimitedversusThe State Of Bihar through the Principal Secretary

Decided
Disposal
DISPOSED

Holding

The District Magistrate must act on the bank’s Section 14 application and is directed to do so within eight weeks.

Summary

HDFC Bank filed a writ petition seeking a direction to the District Magistrate of West Champaran to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The bank alleged that the magistrate had not taken any action despite receiving the application. Relying on the Supreme Court’s decision in Balkrishna Rama Tarle v. Phonix ARC (2023) which held that the magistrate’s duty under Section 14 is ministerial and must be performed promptly, the Patna High Court ordered the magistrate to consider the bank’s request within eight weeks. The court emphasized that the magistrate cannot delay and is not required to adjudicate disputes, which are to be raised before the Debt Recovery Tribunal under Section 17. Consequently, the writ petition was disposed of with the direction to the magistrate.

Issues considered

  • Whether the District Magistrate is statutorily obligated to act on a secured creditor’s application under Section 14 of the SARFAESI Act.
  • Whether the court can issue a direction compelling the magistrate to take possession of the secured assets.

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • possession of secured assets
  • ministerial duty
  • District Magistrate
  • writ petition
  • banking enforcement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16360 of 2025
                 ======================================================
                 HDFC Bank Limited Having its Registered office at HDFC Bank House,
                 Senapati Bapat Marg, Lower Parel Est, Mumbai 400013 as well as Branch
                 Office at HDFC Bank Ltd., Bimla Sadan, Holding No. 801/432, Ward No. 37,
                 Exhibition Road, Patna, Bihar -800001 and represented through Manager and
                 authorized representative Mr. Pinaki Paul, male, aged about 42 years, S/O
                 P.K. Paul, R/O 10 Khetrahari Chatterjee road, Mallick Bagan, Panihati (W),
                 P.S.- Ghola, Dist- 24 N. Parganas, West Bengal- 700111.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar through the Principal Secretary General Administration,
                 Government of Bihar, New seceretariat, Bailey Road, Patna -800014
           2.    The District Magistrate, West Champaran
           3.    The In Charge Officer, District Certificate Section, West Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Dayanand Singh, Adv.
                 For the Respondent/s   :      Mr. Government Pleader 26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   20-01-2026                      Without going into the merits or demerits of the

                   case, the present writ petition is disposed of at the stage of

                   admission with the consent of both the counsels.

                               2. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner-Bank has sent a requisition

                   to the District Magistrate, West Champaran under Section 14 of

                   the SARFAESI Act. However, the authority till date has not

                   taken any action on the same. Learned counsel submits that it

                   will suffice for the present if a direction is given to the District

                   Magistrate, West Champaran to consider the request made by
Patna High Court CWJC No.16360 of 2025(2) dt.20-01-2026
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          the Bank under Section 14 of the SARFAESI Act and take a

          suitable action as per the provisions of the SARFAESI Act.

          Learned counsel has relied on a Judgement of the Hon’ble

          Supreme Court in the case of Balkrishna Rama Tarle Dead

          through legal representatives and Anr. Versus Phonix ARC

          Private Limited and Ors. reported in (2023) 1 Supreme Court

          Cases 662, whereby the Hon’ble Supreme Court has held as

          under:-

                                              “15. On a fair reading of Section 14
                                  of the SARFAESI Act, it appears that for taking
                                  possession of the secured assets in terms of
                                  Section 14(1) of the SARFAESI Act, the secured
                                  creditor is obliged to approach the District
                                  Magistrate/Chief Metropolitan Magistrate by
                                  way of a written application requesting for
                                  taking possession of the secured assets and
                                  documents relating thereto and for being
                                  forwarded to it (secured creditor) for further
                                  action.
                                              16. The statutory obligation enjoined
                                  upon the CMM/DM is to immediately move into
                                  action after receipt of a written application
                                  under Section 14(1) of the SARFAESI Act from
                                  the secured creditor for that purpose. As soon as
                                  such an application is received, the CMM/DM is
                                  expected to pass an order after verification of
                                  compliance of all formalities by the secured
                                  creditor referred to in the proviso in Section
                                  14(1) of the SARFAESI Act and after being
Patna High Court CWJC No.16360 of 2025(2) dt.20-01-2026
                                            3/4




                                  satisfied in that regard, to take possession of the
                                  secured assets and documents relating thereto
                                  and to forward the same to the secured creditor
                                  at the earliest opportunity. As observed and held
                                  by this Court in NKGSB Coop. Bank Ltd. v.
                                  Subir Chakravarty [NKGSB Coop. Bank Ltd. v.
                                  Subir Chakravarty, (2022) 10 SCC 286 : (2023)
                                  1 SCC (Cri) 157] , the aforesaid act is a
                                  ministerial act. It cannot brook delay. Time is of
                                  the essence and this is the spirit of the special
                                  enactment.
                                               18. Thus, the powers exercisable by
                                  CMM/DM under Section 14 of the SARFAESI
                                  Act are ministerial steps and Section 14 does
                                  not involve any adjudicatory process qua points
                                  raised by the borrowers against the secured
                                  creditor taking possession of the secured assets.
                                  In that view of the matter once all the
                                  requirements under Section 14 of the SARFAESI
                                  Act are complied with/satisfied by the secured
                                  creditor, it is the duty cast upon the CMM/DM
                                  to assist the secured creditor in obtaining the
                                  possession as well as the documents related to
                                  the secured assets even with the help of any
                                  officer subordinate to him and/or with the help
                                  of   an    advocate     appointed   as   Advocate
                                  Commissioner. At that stage, the CMM/DM is
                                  not required to adjudicate the dispute between
                                  the borrower and the secured creditor and/or
                                  between any other third party and the secured
                                  creditor with respect to the secured assets and
                                  the aggrieved party to be relegated to raise
             Patna High Court CWJC No.16360 of 2025(2) dt.20-01-2026
                                                        4/4




                                               objections in the proceedings under Section 17
                                               of the SARFAESI Act, before the Debts Recovery
                                               Tribunal.



                                   3. Having regard to the above made submissions and

                       the law laid down by the Hon’ble Supreme Court in the above

                       mentioned case, this Court deems it expedient to dispose of the

                       present CWJC by directing the Respondent No. 2, i.e., the

                       District Magistrate, West Champaran to act on the request made

                       by the petitioner-Bank. The present writ petition is accordingly

                       disposed of directing the Respondent No. 2, i.e., the District

                       Magistrate, West Champaran to consider the request made by

                       the Bank as expeditiously as possible preferably within a period

                       of 8 weeks from the date of receipt of the copy of this order.

                                   4. With the above directions, the present writ petition

                       stands disposed of.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U


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