1 2025:CGHC:48692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5031 of 2025 1 - Bank Of India Through Authorised Officer, Shri Suraj Kumar, S/o- Kamlesh Prasad, Aged About 40 Years, Office At Bank Of India, Naya Raipur, District Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Atal Nagar, Mahanadi Bhawan, Raipur, District Raipur (C.G.) 2 - The Collector- Cum- District Magistrate Raigarh, District Raigarh, Chhattisgarh 3 - The Tehsildar Raigarh, District- Raigarh, Chhattisgarh 4 - The Superintendent Of Police Raigarh District Raigarh, Chhattisgarh 5 - The Sub Divisional Magistrate Raigarh, District Raigarh, Chhattisgarh 6 - M/s Krishna Steel Industries, Through Ashok Kumar Agrawal, S/o- Govind Ram Agrawal, R/o- House No. 6, Sai Heritage Colony, Dhimrapur Chowk, Raigarh, Tehsil And District Raigarh, Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Saket Pandey, Advocate For Respondent-State : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 23/09/2025 1. Counsel for the Petitioner prays for the following relief(s):- (i)That, the records pertaining to the proceedings before the respondents may kindly be called for kind perusal of this Hon’ble Court. (ii) That this Hon’ble Court may kindly direct the respondent No. 2 to 5 to assist in granting the physical possession of the mortgaged properties for petitioner Digitally signed by JYOTI JHA Date: 2025.10.07 11:29:59 +0530 2 bank, also to conclude the proceedings under Section 14 of the Act of 2002, in revenue case No. 202301041000006/21/B-121/2022-2023 with use of required force, in the interest of justice. (ii) That, this Hon’ble Court may kindly be pleased to grant any other relief(s)/ writ (s), order(s) in favour of the petitioner, which the Hon’ble Court deemed fit and just in the facts and circumstances of the case, including awarding of the costs to the petitioner. 2. Learned Counsel for Petitioner submits that the procedure under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') was commenced against the borrowers as their account was declared as NPA. 3. According to learned counsel for the petitioner, the proviso to Section 14 of the SARFAESI Act provides that the decision on the like nature of the said application to be concluded within a period of 30 days and, if not so, within a further period of 60 days. However, despite the fact that several months period has elapsed, the proceeding under Section 14 of the SARFAESI Act has not been concluded by Respondent No. 2 to 5. 4. For ready reference, the proviso clause of Section 14 of the SARFAESI Act, is reproduced as under:- "1[Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorized officer of the secured creditor, declaring that - i. the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application; ii. The borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period; iii. the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii) above; iv. The borrower has committed default in repayment of the financial assistance granted aggregating the specified amount; v. consequent upon such default in repayment of 3 the financial assistance the account of the borrower has been classified as a nonperforming asset; vi. affirming that the period of sixty days notice as required by the provisions of sub-section (2) of section 13, demanding payment of the defaulted financial assistance has been served on the borrower: vii. the objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been communicated to the borrower; viii. the borrower has not made any repayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub-section (4) of section 13 read with section 14 of the principal Act; ix. that the provisions of this Act and the rules made thereunder had been complied with: Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets within a period of thirty days from the date of application.] [Provided [also] that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate within the said period of thirty days for reasons beyond his control, he may, after recording reasons in writing for the same, pass the order within such further period but not exceeding in aggregate sixty days.] Provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any District Magistrate or the Chief Metropolitan Magistrate, as the case may be, on the date of commencement of this Act.] [(1A) The District Magistrate or the Chief Metropolitan Magistrate may authorise any officer subordinate to him,- (i) to take possession of such assets and documents relating thereto; and (ii) to forward such assets and documents to the secured creditor.] (2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate of the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. 4 (3) No act of the Chief Metropolitan Magistrate or the District Magistrate [any officer authorised by the Chief Metropolitan Magistrate or District Magistrate] done in pursuance of this section shall be called in question in any court or before any authority." 5. The SARFAESI Act provides that when Section 14 proceeding is moved, the Officer shall, after satisfying the contents of the affidavit, shall pass suitable orders for the purpose of taking possession of the secured assets within a period of thirty days from the date of application and, if he fails to do it, then the said period of thirty days may further extend but shall not exceed which aggregate to sixty days. The SARFAESI Act further provides that the reasons shall also be recorded in the order of such extension. 6. Prima facie, the documents, in the instant case, would show that the sixty days' period have already completed much before. Therefore, the Respondent No.2 to 5 are directed to conclude the proceeding under Section 14 of the SARFAESI Act within 90 days from the date of receipt of copy of this order. 7. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti