Capri Global Capital Ltd vs Gaya Prasag Chandravanshi Farmer And Others

Anand Pathak, J

Instant petition is preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs:

"(i) Writ of Mandamus or order or direction of appropriate nature directing the Ld. CJM, Seoni to pass suitable order for taking possession of the secured asset under section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, within the prescribed timeframe.

(ii) Writ of Mandamus or order or direction of appropriate nature directing the Ld. CJM, Seoni to provide necessary and timely assistance to the petitioner herein for effective enforcement of the provisions of the SARFAESI Act.

(iii) Any other relief, protection or order deemed fit and proper in the fact and circumstances of the case be also granted by this Hon'ble Court."

It is the submission of learned counsel for petitioner that an application under Section 14 of the Securitization & Reconstruction of Financial of Assets and Enforcement of Security Interest Act 2002 (for short, "the Act, 2002") is being preferred in November, 2025 and the same is pending before Chief Judicial Magistrate, Seoni.

Learned counsel for the petitioner refers different provisions of Section 14 of the Act, 2002 to bring home the analogy that maximum period in which Chief Judicial Magistrate has to pass an order is 60 days. However, for last six months the application is pending.

Considering the submissions and going through Section 14 of the Act, 2002 it appears that Chief Judicial Magistrate has to decide the application at the earliest. It is made clear that petitioner has to satisfy the authority by providing all documents as per Section 14(1)(Proviso) of the Act, 2002.

With the aforesaid observation, the petition stands disposed of.