In Brief
C. Bright challenged the Kerala High Court's decision that Section 14 of the SARFAESI Act's time limits for the District Magistrate to deliver possession of a secured asset are directory, not mandatory. The Supreme Court upheld the Division Bench, holding that although the Act prescribes 30 days (extendable to 60 days) for possession delivery, this is a directory provision. The Court reasoned that time limits for public officials performing public duties are generally directory unless consequences for non-compliance are specified. Failure to comply does not render the proceedings void or deprive the Magistrate of jurisdiction. The time limit aims to encourage prompt action while ensuring the Act's purpose—expeditious recovery of dues by banks and financial institutions—is served.
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