#ministerial function

The Chhattisgarh High Court held that a District Magistrate's role under Section 14 of the SARFAESI Act is strictly ministerial and does not extend to adjudicating third-party rights or title disputes arising from subsequent sales. The court set aside the DM's order rejecting the secured creditor's application on the ground of a subsequent sale, directing fresh disposal within 30 days.

The Bombay High Court has ruled that Magistrates handling Section 14 SARFAESI applications must act in a purely ministerial capacity, with no authority to entertain borrower affidavits or conduct adjudication. This closes a procedural loophole that delayed enforcement and reinforces secured creditors' statutory right to swift asset recovery without judicial delay.

The Andhra Pradesh High Court ruled that claim petitions under Order XXI Rule 58 CPC must be registered at the ministerial stage without successive objections. Denying registration through piecemeal objections undermines procedural fairness and access to justice, particularly for third-party claimants in execution proceedings.

Rajasthan High Court holds that District Magistrates must act ministerially under Section 14 SARFAESI Act and cannot impose additional documentary requirements beyond statutory mandates.