#secured asset possession

Madhya Pradesh High Court holds that secured creditors are entitled to police assistance for restoring possession of secured assets if borrowers illegally re-enter after dispossession. The ruling underscores the ministerial duty of authorities under Section 14 SARFAESI Act and prevents borrowers from frustrating statutory recovery mechanisms.

Madras High Court quashes an ex parte possession order under SARFAESI Act, ruling that secured creditors cannot take physical possession of a borrower's property without notice while DRT proceedings are pending. The court directed the borrower to deposit Rs. 14,94,138 and mandated expeditious disposal of the DRT application, reinforcing the principles of natural justice in secured asset enforcement.

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

Andhra Pradesh High Court holds that failure to disclose borrower's post-notice payments in Section 14 SARFAESI affidavit vitiates possession proceedings. Key precedent for financial institutions.