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Time Limitation For Bank After CMM Order u/s 14 of sarfaesi
23-Apr-2025 (In Property Law)
The CMM Court has passed order u/s 14 of sarfaesi act for possession and appointed a Court Commissioner on 06/01/2025. its now been 116 days from CMM order date, but bank has not yet made the court commissioner's fees of Rs.15,000 and has not taken Writ of commission from the court commissioner. One court commissioner is paid and appointed, then he has 90 days to take possession. But is there a time frame limit for bank to pay and appoint the court received from date of CMM order ?
The SARFAESI Act and its rules do not explicitly prescribe a specific time limit for the bank to pay the court commissioner’s fees or take the writ of commission after the CMM’s order. However, the following principles and judicial precedents provide guidance:
• Ministerial Nature of Section 14: The Supreme Court in R.D. Jain and Co. v. Capital First Ltd. (2022) and other cases has held that actions under Section 14 are ministerial, not adjudicatory, and time is of the essence to ensure the SARFAESI Act’s objective of swift recovery. Delays by the bank in facilitating the commissioner’s work could be seen as defeating this purpose.
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Adv. Deepak Tiwari
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