In Brief
Religare Finvest assigned a loan secured by mortgaged property to Phoenix ARC, which took symbolic possession under SARFAESI Section 13(4) and sought assistance from the District Magistrate under Section 14 to obtain physical possession. A tenant of part of the property intervened, and the Magistrate conditioned assistance on the secured creditor first evicting the tenant through separate legal proceedings. The High Court set aside this order. The Supreme Court dismissed the tenant's challenge, holding that the Magistrate's powers under Section 14 are purely ministerial—to verify statutory compliance and assist in taking possession. The Court must not adjudicate third-party disputes; those belong before the Debt Recovery Tribunal under Section 17. The ministerial nature of Section 14 proceedings permits no discretionary conditioning of assistance.
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