Adv Ramhari Narode 08 July 2020
Nirali Nayak 09 June 2021
Hello sir, greetings of the day.
As per your query, under Section 14 of the SARFAESI Act introduced in 2013, it has made it compulsory to file an affidavit by the secured creditor through their Authorised Officer with the District Magistrate / Chief Metropolitan Magistrate, as the case may be, to take possession of the secured assets. Then the District Magistrate shall, take possession of such assets and documents and forward such assets and documents to the secured creditor. Provided that the application made by the secured creditor must be accompanied by an affidavit duly affirmed by the authorized officer of the secured creditor, declaring certain provisions. Further on receiving the receipt of the affidavit from the Authorised Officer, the District Magistrate shall, after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured asset within a period of thirty days from the date of application.
Hope this answers your question.
Regards
Nirali Nayak
Law Student