(1) Where the possession of any secured assets is required to be taken by the secured creditor or if any of the secured assets is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured assets, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or as the case may be, the District Magistrate shall, on such request being made to him—
(a) take possession of such asset and documents relating thereto; and
(b) forward such asset and documents to the secured creditor:
Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor declaring the fulfillment of statutory prerequisites.
(2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary.
(3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority.
Legal Commentary & Landmark Judgments: Section 14
Section 14 mandates Chief Metropolitan Magistrates (CMM) and District Magistrates (DM) to provide administrative assistance to secured creditors in taking physical possession of secured assets.
Crucially, the CMM or DM acts purely in an administrative capacity and has zero adjudicatory power to decide disputes regarding debt validity, tenancy claims, or mortgage genuineness.
Section 14 provides the physical enforcement mechanism for SARFAESI. The absolute bar against CMMs/DMs adjudicating disputes prevents borrowers from creating bogus third-party tenancy or title controversies to resist physical eviction.