Dipankar Datta, J. - (1.) While considering an application under Section 14 of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the 'Act') filed by the secured creditor, the District Magistrate, Burdwan by his memo dated December 27, 2013 addressed the Superintendent of Police, Burdwan to the following effect:- JUDGEMENT_168_LAWS(CAL)2_2014_1.html The request contained in the said memo is the subject matter of challenge in this writ petition dated January 24, 2014.
(2.) Mr. Samanta, learned advocate for the petitioners refers to Section 14 of the Act. According to him, the District Magistrate is empowered, on a request made by the secured creditor, to take possession of the secured assets and the documents relating thereto and, thereafter, to forward such assets and documents to the secured creditor; however, the District Magistrate cannot abdicate his duty of taking possession and direct the Superintendent to provide police force to the secured creditor to take over the possession of the secured asset.
(3.) Mr. Samanta is right. The District Magistrate, in terms of the statutory mandate contained in Sub-section (1) of Section 14, must himself take possession of the secured assets and documents relating thereto, or in terms of sub-section (1A) [introduced w.e.f. 15th January, 2013], authorize any officer subordinate to him to take possession of the secured asset and documents relating thereto.;