As noticed and held by this Courtroom within the case of NKGSB Cooperative Financial institution Ltd. (supra), the step taken by the CMM/DM whereas taking possession of the secured property and paperwork relating thereto is a ministerial step. It could possibly be taken by the CMM/DM himself/herself or by any officer subordinate to him/her, together with the advocate commissioner who is taken into account as an officer of his/her 20 court docket. Part 14 doesn’t oblige the CMM/DM to go personally and take possession of the secured property and paperwork relating thereto. Thus, we reiterate that the step to be taken by the CMM/DM underneath Part 14 of the SARFAESI Act, is a ministerial step. Whereas disposing of the appliance underneath Part 14 of the SARFAESI Act, no component of quasijudicial perform or software of thoughts would require. The Justice of the Peace has to adjudicate and resolve the correctness of the knowledge given within the software and nothing extra. Subsequently, Part 14 doesn’t contain an adjudicatory course of qua factors raised by the borrower in opposition to the secured creditor taking possession of secured property.
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