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Patna High Court

ICICI Bank Ltd.versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The District Magistrate must act on the bank’s Section 14 application as a ministerial duty, and the Court directed compliance within eight weeks.

Summary

ICICI Bank filed a civil writ petition seeking a direction to the District Magistrate of Darbhanga 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 the application. Relying on the Supreme Court’s decision in Balkrishna Rama Tarle v. Phonix ARC (2023) SCC 662, the High Court noted that the duty of the magistrate under Section 14 is ministerial and must be performed promptly without adjudicating the borrower’s objections. The Court therefore ordered the District Magistrate to consider the bank’s request within eight weeks. The writ petition was disposed of with the said direction.

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 High Court can issue a direction compelling the magistrate to take such action.

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • secured creditor
  • possession of secured assets
  • district magistrate
  • ministerial duty
  • civil writ jurisdiction
  • banking
  • debt recovery

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4028 of 2026
                 ======================================================
                 ICICI Bank Ltd. having its Registered office at ICICI Bank Tower, Near
                 Chakli Circle, Old Padra Road, Vadodara-390007 and Zonal Office at 2nd and
                 3rd Floor, Gulab Palace, Near Panchmukhi Hanuman Mandir, East Boring
                 Canal Road, Patna-800001 represented through its Relationship Manager and
                 authorized representative Mr. Ashish Kumar, S/o-Devendra Prasad, having
                 Office at 3rd Floor, Gulab Palace, Near Panchmukhi Hanuman Mandir, East
                 Boring Canal Road, Patna-800001.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Principal Secretary, General Administration,
                 Government of Bihar, New Secretariat, Baily Road, Patna-800014.
           2.    The District Magistrate, Darbhanga.
           3.    The In-Charge Officer, District Certificate Section, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Manindra Kishore Singh, Adv.
                 For the Respondent/s   :      Mr.Standing Counsel (1)
                                               Md. Harun Quareshi, AC to SC 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   15-04-2026                  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, Darbhanga, 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, Darbhanga, to consider the request made by the
Patna High Court CWJC No.4028 of 2026(2) dt.15-04-2026
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          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 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
Patna High Court CWJC No.4028 of 2026(2) dt.15-04-2026
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                                  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 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
             Patna High Court CWJC No.4028 of 2026(2) dt.15-04-2026
                                                         4/4




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

                       District Magistrate,Darbhanga, 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, Darbhanga, 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)
Bhardwaj/-

U


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