VidhiSangh

Supreme Court of India · 27/07/2022

M/S R. D. JAIN AND CO. versus CAPITAL FIRST LTD. & ORS.

[2022] 13 S.C.R. 57 · 2022 INSC 754

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Summary

Faced with a large backlog of Section 14 SARFAESI applications before the Chief Metropolitan Magistrate, Mumbai, the Bombay High Court held that the CMM and District Magistrate are not personae designatae. It held that the terms include the Additional CMM and Additional District Magistrate. A borrower appealed. The Supreme Court dismissed the appeal. Taking possession under Section 14 is a ministerial step: the Magistrate verifies the secured creditor's affidavit and must act within 30 to 60 days, with no adjudication of the borrower's objections. Under Sections 17(2) and 19 CrPC, an Additional CMM may exercise all the CMM's powers and is not subordinate to the CMM in judicial matters. The same reasoning applies to an Additional District Magistrate empowered by delegation or special order. The contrary High Court decisions were overruled.

Issues

  1. Whether the Chief Metropolitan Magistrate and District Magistrate act as personae designatae under Section 14 of the SARFAESI Act.
  2. Whether an Additional Chief Metropolitan Magistrate or Additional District Magistrate may exercise powers under Section 14 of the SARFAESI Act.

Provisions considered

Held

Result

Appeal dismissed. Powers under Section 14 of the SARFAESI Act may be exercised by Additional Chief Metropolitan Magistrates and by Additional District Magistrates exercising the District Magistrate's powers by delegation or special order. No costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 57.