In Brief
This case addresses whether a District Magistrate or Chief Metropolitan Magistrate can authorize an advocate to take possession of secured assets under the SARFAESI Act, 2002. The Supreme Court held that advocates, as officers of the court and subordinates to the CMM/DM, can be appointed as commissioners for this purpose. The Court applied a 'functional subordination' test rather than strict statutory subordination, finding that the legislative intent was to empower financial institutions to efficiently recover securities. The judgment rejected the Bombay High Court's literal interpretation and affirmed the positions of Kerala, Madras, and Delhi High Courts. Appeals by secured creditors were allowed, and the Bombay High Court judgment was set aside.
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