ICICI Home Finance Company Limited Vs State of Chhattisgarh (Chhattisgarh High Court)
In the case before the Chhattisgarh High Court, the petitioner challenged inaction by the Tehsildar, Raipur, in taking physical possession of secured assets under an order passed by the District Magistrate on 25.08.2025 under Section 14 of the SARFAESI Act, 2002. Despite a representation submitted by the petitioner on 02.09.2025, no steps had been taken for over two and a half months. The Court referred to the Supreme Court’s rulings in D. Jain and Co. vs. Capital First Limited (2023) and NKGSB Coop. Bank Ltd. v. Subir Chakravarty (2022), which clarified that the procedure under Section 14 is ministerial, requiring the CMM/DM to act within 30 days, extendable up to 60 days, and does not involve adjudication on borrower objections. Observing that time is of the essence, the High Court directed the Tehsildar to take possession of the secured assets in compliance with the District Magistrate’s order expeditiously, preferably within 60 days, and disposed of the writ petition accordingly.
FULL TEXT OF THE JUDGMENT/ORDER OF CHHATTISGARH HIGH COURT
1. Heard
2. Learned counsel for petitioner submits that learned District Magistrate, Raipur has passed an order under Section 14 of the SARFAESI Act, 2002 on 25.08.2025 in which respondent No.2/Tehsildar, Raipur is directed to take physical possession of the secured assets mentioned therein, however, till date the Tahsildar has not issued even a memo to Maljamadar for taking possession of the secured assets and thereby the provision under the SARFAESI Act is being frustrated. He also pointed out that the petitioner pursuant to the order passed by the District Magistrate, Raipur has also submitted representation on 02.09.2025, however, till date no action has been taken even after submission of representation.
