In Brief
C. Bright challenged a Kerala High Court order holding that Section 14 of the SARFAESI Act's 30-day time limit (extendable to 60 days) for a District Magistrate to deliver possession of secured assets is directory, not mandatory. The Supreme Court dismissed the appeal, affirming the High Court. The Court held that although "shall" is used in the statute, the time limit is directory because: the SARFAESI Act aims at expeditious recovery of bank dues; the secured creditor cannot control the Magistrate; and borrowers are unharmed by delays beyond 60 days. The time limit imposes a duty on the Magistrate to earnestly attempt compliance, but failure does not divest jurisdiction or render the remedy unavailable.
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