SARFAESI Section 14 Order in Patna · District Magistrate · BR/1115/2023
Facing a SARFAESI Section 14 order in Patna? The SARFAESI Section 14 order is passed by the District Magistrate under Section 14(1) of the SARFAESI Act, 2002 to assist the secured creditor in taking physical possession of the secured asset. Advocate Simran Kumari handles the complete SARFAESI Section 14 order process for borrowers and lenders — from verifying the SARFAESI Section 14 order compliance, through compiling the SARFAESI Section 14 order documents and challenging the order, to the SARFAESI Section 14 order remedy before DRT Patna and the Patna High Court. This is the definitive SARFAESI Section 14 order guide for Patna.
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SARFAESI Section 14 order process under Section 14(1) SARFAESI Act, SARFAESI Section 14 order documents, SARFAESI Section 14 order remedy, 30-day timeline and DRT Patna procedure.
iiAdvocate-assisted SARFAESI Section 14 order verification, SARFAESI Section 14 order process challenges, documents compilation and SARFAESI Section 14 order remedy before DRT Patna.
iiiSend your SARFAESI Section 14 order, possession notice or Section 17 query and get a same-day SARFAESI Section 14 order assessment from Kankarbagh.
SARFAESI Section 14 order in Patna passed? The possession may follow within 30 days.
Under Section 14(1) of the SARFAESI Act, 2002, the District Magistrate must pass a SARFAESI Section 14 order within 30 days (extendable to 60 days for recorded reasons) from the date of application by the secured creditor. The Supreme Court in R.D. Jain v. Capital First Ltd. (2023) has held that the District Magistrate's role under Section 14 is ministerial, not adjudicatory — the borrower cannot contest the application before the DM. The only remedy against a SARFAESI Section 14 order in Patna is a Section 17 application before DRT Patna within 45 days. A Section 17 filing does not automatically stay the SARFAESI Section 14 order — a separate stay application is required.
Understanding the SARFAESI Section 14 order process is the first step to protecting your rights before the District Magistrate in Patna.
Every SARFAESI Section 14 order in Patna is processed through the office of the District Magistrate, Patna and can be challenged before DRT Patna and the Patna High Court. The links below are the official portals referenced throughout this SARFAESI Section 14 order guide.
DM Patna — authority for SARFAESI Section 14 order in Patna
The District Magistrate, Patna is the designated authority under Section 14(1) of the SARFAESI Act, 2002 for passing a SARFAESI Section 14 order within the territorial jurisdiction of Patna district. The DM office is located at the Collectorate, Patna. Once the SARFAESI Section 14 order is passed, it is executed by the Tehsildar or Revenue Officer with police assistance. Appeals against DRT Patna orders lie to the DRAT Allahabad under Section 18 of the SARFAESI Act.
Every SARFAESI Section 14 order sub-topic is organised below by stage — from the Section 13(4) measure to the Patna High Court.
A review of the leading DRT Patna pages shows a consistent pattern: most list the 30-day period without explaining the SARFAESI Section 14 order process, the SARFAESI Section 14 order documents checklist, the ministerial nature of the proceeding or the Patna High Court authority on SARFAESI Section 14 order remedy.
| Gap observed | What most competitor pages do | What this SARFAESI Section 14 order in Patna hub does instead |
|---|---|---|
| No SARFAESI Section 14 order process | Mentions "30 days" without explaining the 9-point affidavit, the ministerial nature or the execution by Tehsildar | Complete SARFAESI Section 14 order process under Section 14(1) SARFAESI Act — 30-day timeline, 9-point affidavit and Tehsildar execution |
| No SARFAESI Section 14 order documents checklist | Says "documents required" without listing what to collect | Detailed SARFAESI Section 14 order documents checklist — authorised officer affidavit, loan agreement, Section 13(2) notice, possession notice and Board resolution |
| No SARFAESI Section 14 order remedy analysis | Ignores Section 17 application, condonation of delay and Patna HC writ remedy | Full SARFAESI Section 14 order remedy section — Section 17 before DRT Patna, condonation and Patna HC writ |
| No Patna case law | General content with no Patna High Court authority on SARFAESI Section 14 order | Patna High Court rulings — DM role administrative, Ummatun Nisha, Jana Small Finance Bank, alternate remedy rule |
| No distinction — ministerial vs adjudicatory | Confuses the SARFAESI Section 14 order process with an adjudicatory hearing | Clear explanation that the DM's role under Section 14 is ministerial and non-adjudicatory — the borrower cannot contest the application before the DM |
Practical effect of these gaps on SARFAESI Section 14 order in Patna
A borrower or guarantor in Patna who receives a SARFAESI Section 14 order often finds pages that describe what the order is but not how to verify the SARFAESI Section 14 order process or which SARFAESI Section 14 order documents are needed. This SARFAESI Section 14 order hub is structured the opposite way — every section starts with the statutory provision, the computation, the documents and the Patna forum.
Every SARFAESI Section 14 order matter is scoped to the measure challenged, the computation of the 30-day period, the documents required and the forum.
Verification of the complete SARFAESI Section 14 order process — whether the bank's affidavit satisfies the 9-point requirement, whether the 30-day period was complied with, and whether the DM acted within jurisdiction.
Compilation of the complete SARFAESI Section 14 order documents — authorised officer affidavit, loan agreement, security documents, Section 13(2) notice, possession notice and Board resolution.
The primary SARFAESI Section 14 order remedy — filing a Section 17 application before DRT Patna within 45 days of the Section 13(4) measure, challenging the Section 14 order and seeking interim relief.
The SARFAESI Section 14 order remedy where the 45-day period has lapsed — condonation of delay under the proviso to Section 17(1) and the Patna High Court's 2025 judgment on DRT's power to condone delay.
Writ petitions under Article 226 against DRT Patna orders on SARFAESI Section 14 order — where the DM has exceeded jurisdiction or the bank's affidavit is defective.
Appeals under Section 18 of the SARFAESI Act before the DRAT Allahabad against DRT Patna orders on SARFAESI Section 14 order — within 30 days, with the Section 18(2) pre-deposit.
Your SARFAESI Section 14 order matter is handled by the advocate herself — not routed through intermediaries or call centres.
Familiar with the District Magistrate Patna's procedure for SARFAESI Section 14 order, the DRT Patna registry at Karpuri Thakur Sadan and the Patna High Court writ jurisdiction.
The chamber is located at P.C. Colony, Kankarbagh, Patna – 800020, easily accessible for any SARFAESI Section 14 order consultation.
Advice on SARFAESI Section 14 order grounded in the SARFAESI Act, 2002 and current Supreme Court and Patna High Court authority.
Send the SARFAESI Section 14 order
Share the SARFAESI Section 14 order, possession notice or Section 13(4) measure by WhatsApp or email. Acknowledge receipt is issued the same day from the Kankarbagh chamber.
SARFAESI Section 14 order assessment call
A short call to establish the date of the Section 13(4) measure, the SARFAESI Section 14 order process compliance, the 30-day computation and the documents required.
Written scope
A written scope of the engagement and the fee arrangement for the SARFAESI Section 14 order stage, before the Section 17 application is filed.
SARFAESI Section 14 order filing and representation
Drafting the Section 17 application, compiling the SARFAESI Section 14 order documents, filing before DRT Patna and representing you for interim relief and final hearing.
Ready to challenge your SARFAESI Section 14 order? The 45-day SA window is running.
Send your SARFAESI Section 14 order and receive a same-day SARFAESI Section 14 order assessment from Kankarbagh.
The SARFAESI Section 14 order process is governed by Section 14 of the SARFAESI Act, 2002 and the Security Interest (Enforcement) Rules, 2002. The District Magistrate (DM) in Patna passes a SARFAESI Section 14 order under Section 14(1) to assist the secured creditor in taking physical possession of the secured asset.
Under Section 14(1) of the SARFAESI Act, where the secured creditor requires assistance in taking possession of the secured asset, it may make a written application to the District Magistrate within whose jurisdiction the secured asset is situated. The DM shall, after satisfying the contents of the affidavit, pass suitable orders for the purpose of taking possession of the secured assets within a period of 30 days from the date of application, extendable up to 60 days for reasons recorded in writing.
The proviso to Section 14(1) requires the application to be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor declaring nine specific points:
The Supreme Court in R.D. Jain & Company v. Capital First Limited (2023) has held that the step taken by the DM while passing a SARFAESI Section 14 order is a ministerial step and does not involve any adjudicatory process. The DM has no jurisdiction to adjudicate disputes between the secured creditor and the borrower. If any person is aggrieved by the SARFAESI Section 14 order, the remedy is to approach the Debts Recovery Tribunal under Section 17.
Once the SARFAESI Section 14 order is passed, it is executed by the Tehsildar or Revenue Officer with police assistance. The DM can also appoint an Advocate Commissioner to execute the possession warrant. The Supreme Court in India Infoline Home Finance Limited (2026) held that the inability to take possession within the prescribed time limit does not render the DM functus officio — the DM is under a statutory obligation to ensure execution of the possession warrant.
The Madhya Pradesh High Court has held that a District Magistrate can re-execute possession orders under Section 14 of the SARFAESI Act after the borrower has made an illegal re-entry. The SARFAESI Section 14 order remains valid and enforceable.
| Stage | Provision | Requirement |
|---|---|---|
| Application to DM | Section 14(1) | Written application with 9-point affidavit |
| SARFAESI Section 14 order | Section 14(1) proviso | Within 30 days, extendable to 60 days |
| Ministerial nature | R.D. Jain (SC) | No adjudication — only verification of affidavit |
| Execution | Rule 8(1) / DM order | Tehsildar with police assistance |
| Re-execution | MP HC | Permissible after illegal re-entry |
Received a SARFAESI Section 14 order in Patna?
Send the order and get a same-day SARFAESI Section 14 order process verification from Kankarbagh.
Compiling the correct SARFAESI Section 14 order documents is essential to filing a complete Section 17 application before the Debt Recovery Tribunal in Patna. The documents required depend on the grounds of challenge, but the following are typically required.
Court fee for SARFAESI Section 14 order challenge
Under Rule 13(2) of the Security Interest (Enforcement) Rules, 2002, the court fee for a Section 17 application challenging a SARFAESI Section 14 order depends on the amount of the debt due. There is no pre-deposit required to file a Section 17 application — the pre-deposit requirement was struck down by the Supreme Court in Mardia Chemicals Ltd. v. Union of India.
Where a SARFAESI Section 14 order has been passed, the primary remedy is a Section 17 application before the Debt Recovery Tribunal in Patna. The application must be filed within 45 days of the Section 13(4) measure. A further SARFAESI Section 14 order remedy is a writ petition before the Patna High Court.
Under Section 17(1) of the SARFAESI Act, 2002, any person aggrieved by a measure under Section 13(4) may file an application before the Debt Recovery Tribunal in Patna within 45 days. The DRT has the power to set aside a SARFAESI Section 14 order if the measure is not in accordance with the Act or Rules and to restore possession to the borrower.
The Patna High Court in a 2025 judgment held that the DRT has the power to condone delay in filing a Section 17 application under the SARFAESI Act. The Court concluded that since Section 17(7) connects the SARFAESI application process to the RDB Act procedures, the DRT can condone delay. This provides a remedy even if the borrower misses the 45-day deadline for challenging a SARFAESI Section 14 order.
The Patna High Court has consistently held that where an effective alternative remedy under Section 17 is available, the writ court will ordinarily decline to entertain a petition against a SARFAESI Section 14 order. However, the Court may intervene where the SARFAESI Section 14 order is patently defective, the DM has exceeded jurisdiction, or the bank's affidavit is materially defective.
In Surya Narayan Raut v. State of Bihar (2026), the Patna High Court held that a pending Section 17 challenge before the Debt Recovery Tribunal in Patna does not bar delivery of possession to a registered SARFAESI auction purchaser. The Court noted that the sale had culminated in a registered sale deed in favour of the auction purchaser and regarded possession as consequential to that sale.
| Remedy | Provision | Scope |
|---|---|---|
| Section 17 application | SARFAESI Section 17(1) | Challenge SARFAESI Section 14 order within 45 days |
| Condonation of delay | Proviso to Section 17(1) | Condonation where sufficient cause shown |
| Patna High Court writ | Article 226 | Challenge DRT Patna order on SARFAESI Section 14 order |
| DRAT appeal | SARFAESI Section 18 | Appeal against DRT Patna order within 30 days |
SARFAESI Section 14 order issued? The 45-day SA window is running.
Get a same-day SARFAESI Section 14 order remedy assessment from Kankarbagh.
The Patna High Court has clarified that the role of the District Magistrate under Section 14 of the SARFAESI Act is administrative, not judicial. The Court thoroughly examined the SARFAESI framework and concluded that the DM acts in an administrative capacity under Section 14. This ruling affirms that District Magistrates act in an administrative capacity when passing a SARFAESI Section 14 order.
In Ummatun Nisha v. Punjab National Bank (Merged United Bank of India) (Patna High Court, CWJC No. 1265 of 2023, decided 30.09.2026), the petitioner challenged the order dated 11.01.2019 passed by the Collector-cum-District Magistrate, Darbhanga in SARFAESI Case No. 67 of 2016 filed under Section 14 of the SARFAESI Act. The petitioner contended that she was neither the borrower nor the guarantor, yet her property was included in the SARFAESI Section 14 order. The Patna High Court, applying the alternative remedy rule, held that if an effective alternative remedy is available under the SARFAESI Act, a petition under Article 226 shall not be entertained.
In Jana Small Finance Bank Limited v. The State of Bihar (Patna High Court, CWJC No. 1822 of 2026, decided 27.02.2026), the petitioner-Bank filed a writ petition seeking a direction to the District Magistrate, Gaya, to consider its request under Section 14 of the SARFAESI Act. The Patna High Court, relying on the Supreme Court in Balkrishna Rama Tarle v. Phoenix ARC Pvt. Ltd. (2023), directed the District Magistrate to consider the request under Section 14 and take suitable action as per the provisions of the SARFAESI Act. The Court held that the DM's act is ministerial and cannot brook delay.
The Supreme Court in R.D. Jain & Company v. Capital First Limited (2023) held that the step taken by the DM while passing a SARFAESI Section 14 order is a ministerial step. It could be taken by the DM himself or through any officer subordinate to him, including the Advocate Commissioner. Section 14 does not oblige the DM to go personally and take possession of the secured assets. The Court further held that while disposing of the application under Section 14, no element of quasi-judicial function or application of mind is required.
The Supreme Court in India Infoline Home Finance Limited v. Nageswara Rao Perikala (2026) held that a Chief Judicial Magistrate is under a statutory obligation to ensure execution of a warrant of possession under Section 14 of the SARFAESI Act and cannot close proceedings merely because possession could not be taken within the prescribed time limit. The Court cautioned that the secured creditor cannot be made to run from pillar to post for recovery. The Court held that the inability to take possession within the prescribed time-limit does not render the District Magistrate functus officio.
Prefer the chamber to run this SARFAESI Section 14 order checklist for you?
Every item is part of the standard engagement for SARFAESI Section 14 order in Patna with this chamber.
Send your SARFAESI Section 14 order, possession notice or Section 17 query to the chamber today. As a lawyer practising before the Debt Recovery Tribunal in Patna from Kankarbagh, Advocate Simran Kumari reviews the order, verifies the SARFAESI Section 14 order process compliance, compiles the SARFAESI Section 14 order documents and issues a written scope and fee note.
This page on the SARFAESI Section 14 order in Patna is published for general information only and does not constitute legal advice or solicitation. SARFAESI Section 14 order law, SARFAESI Section 14 order process rules, SARFAESI Section 14 order documents requirements, SARFAESI Section 14 order remedy procedure, condonation rules and portal processes are amended from time to time. The applicable position on any SARFAESI Section 14 order in Patna matter must be verified against the current statutory text, notifications and circulars, and against the facts of the particular matter.
Law last checked: 16 October 2026.
