#possession enforcement

Bombay High Court holds that secured creditors are entitled to restitution of possession under SARFAESI Act even after borrower trespass, mandating police assistance and video documentation. The ruling underscores the duty of district authorities to enforce possession orders and prevent unlawful re-entry by defaulting borrowers.

MP High Court mandates police action on complaints of criminal trespass by borrowers post-SARFAESI Act possession transfer. The ruling reinforces secured creditors' rights, ensuring law enforcement cannot evade duty under the guise of being functus officio after Section 14 orders.

The Bombay High Court has directed the Tehsildar of Nashik, backed by police including lady constables, to forcibly evict trespassing borrowers from a secured asset by 16 April 2026, with personal accountability imposed on officials for non-compliance. This ruling reinforces that creditor possession under SARFAESI is not merely procedural but enforceable by state machinery, setting a precedent for aggressive, state-backed execution against repeated borrower defiance.

Rajasthan High Court rules that secured creditors are not obligated to deposit police assistance expenses under Section 14 of the SARFAESI Act for enforcing possession of secured assets. The decision quashes a lower court order demanding Rs. 6.34 lakh deposit, reinforcing creditor rights and statutory interpretation.

Bombay High Court rules that execution of possession orders under Section 14 of the SARFAESI Act is a non-delegable, non-discretionary ministerial duty. Tahsildars and police must enforce such orders immediately without additional hearings, reinforcing secured creditors' rights to timely asset recovery.

Rajasthan High Court clarifies that District Magistrates must only verify factual compliance under Section 14 SARFAESI Act, not adjudicate title or legal disputes.

Madhya Pradesh High Court mandates strict timelines for Collectors to enforce possession under SARFAESI Act, reinforcing procedural compliance and judicial oversight.