No duty is cast upon the District Magistrate to put the defaulter borrower on notice before passing any order under the section 14 of the SARFAESI Act, 2002 – Adams Marketing Pvt. Ltd. & Ors. Vs. State Bank of India & Anr. – Calcutta High Court

Section 14(3) of the Act, clearly provides that no Act of the District Magistrate or any officer authorized by the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority. From the discussion made above it is clear that no duty is cast upon the District Magistrate to put the defaulter borrower on notice before passing any order under the section 14 of the Act. Therefore, question of violation of Principle of Natural Justice by the District Magistrate in a proceeding under Section 14 of the Act or the order is bad being passed behind the borrower does not arise. This court does not find any illegality in the order passed by the District Magistrate on 02.08.18 and in view of Section 14(3) the same is barred from being challenged in any Court of law. Therefore, the question of the petitions of the petitioners being bared by limitation as held by DRT, Kolkata also does not arise.

No duty is cast upon the District Magistrate to put the defaulter borrower on notice before passing any order under the section 14 of the SARFAESI Act, 2002 – Adams Marketing Pvt. Ltd. & Ors. Vs. State Bank of India & Anr. – Calcutta High Court Read Post »