JUDGMENT : RATHNAKALA, J. 1. Though the petition is listed for preliminary hearing, it is taken up for final disposal in the given facts and circumstances. Notice to the Respondents is dispensed with since no relief is sought against them. 2. The Petitioner herein is a Financial Institution registered with the National Housing Bank Act, 1987, and with the Reserve Bank of India as a Securitisation and Reconstruction Company under the provisions of Section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act'). 3. The Petitioner filed a petition under Section 14 of the SARFAESI Act, in respect of secured asset mortgaged by the respondent-borrowers bearing House No. 135-D, Block V, Jayanagar Extension, Bangalore-560011, seeking assistance from the IInd Additional C.M.M. Court, Bangalore, for taking possession of the property and also for a direction to the Police to access the said possession. 4. It is the submission of Mr. Amith Bajaj, learned Counsel for the petitioner 'that, though the petition was filed on 10th March, 2015 so far the learned Magistrate has not granted permission to take possession of the secured assets of the respondent-borrowers. Though no relief was sought against the respondents, they voluntarily entered appearance before Magistrate and were given audience. Though before the Court they expressed their intention to settle the matter, they have not taken any initiation to repay the loan amount. The case is being adjourned for no reason, the delay has resulted in severe loss to the petitioner. As on 31st March, 2015 the amount due from the respondents was Rs. 3,85,16,873.68. 5. Under Section 14 of the SARFAESI Act, it is mandatory for the Chief Metropolitan Magistrate or District Magistrate to give assistance to the secured creditor for taking possession of the secured asset and the relevant provisions of Section 14 reads thus: "The Chief Metropolitan Magistrate or as the case may be, the District Magistrate if on such request being made to: (a) take possession of such asset and documents relating thereto; and (b) forward such asset and documents to the secured creditor." 6. The role of the concerned Court is only ministerial in nature and does not require adjudication of any lis. This Court in the matter of Vijaya Bank, S.D. Road Branch, Secunderabad v. Shameem Transport, Bangalore, 2007(1) Knt. The role of the concerned Court is only ministerial in nature and does not require adjudication of any lis. This Court in the matter of Vijaya Bank, S.D. Road Branch, Secunderabad v. Shameem Transport, Bangalore, 2007(1) Knt. L.J. 309, has held that, 'borrowers are not necessary parties for a proceedings under Section 14 of the SARFAESI Act or any other proceedings emanating there from and have no right to be heard'. 7. In similar matter, the High Court of Judicature at Bombay, in the case of International Assets Reconstruction Company Private Ltd., v. Union of India, by considering the delay in disposal of the applications filed by the Financial Institutions, which is frustrating the object of the SARFAESI Act, issued guidelines in addition to the guidelines already issued in its earlier judgment in Trade Well, a Proprietorship Firm, Mumbai v. Indian Bank, II (2007) CCR 349 (DB) : 2007 Cr. L.J. 2544 (Bom.) (D.B.): GUIDELINES (i) The Banks/Financial Institutions shall annex a copy of the notice issued under Section 13(2) of the SARFAESI Act along with proof of dispatch of the said notice and affidavit of service to that effect to their application under Section 14 of the SARFAESI Act. (ii) The application shall contain a statement that the secured assets which are intended to be taken over are within the jurisdiction of the DM/CMM concerned. (iii) On receipt of an application, the office of the DM/CMM shall number the same serially in the Register maintained specifically for this purpose. (iv) Within 15 days of filing of the application, the office of the DM/CMM shall verify whether the Banks/Financial Institutions have complied with the requirements/guidelines and if that is not done then in that event, the DM/CMM shall direct the Banks/Financial Institutions to comply with the same immediately. (v) On the date on which all objections are complied with, the office of the DM/CMM shall immediately inform the Applicant the date of hearing before the DM/CMM. (vi) As already laid down by this Court in the case of Trade Well, DM/CMM is not required to issue any notice to the borrower or any other person at the time of hearing of the application filed under Section 14 of the SARFAESI Act. (vi) As already laid down by this Court in the case of Trade Well, DM/CMM is not required to issue any notice to the borrower or any other person at the time of hearing of the application filed under Section 14 of the SARFAESI Act. (vii) The borrower/mortgagor or any other person has no locus to participate/object/be heard at the time of the passing of order or any other stage including the execution or implementation of the order. (viii) All applications filed under Section 14 which are in compliance with the requirements and the guidelines shall be disposed of by the DM/CMM as expeditiously as possible and in any event, within a period of two months from the date of proper presentation of the application. (ix) The order passed on the application filed under Section 14 shall: (i) authorise the taking of physical possession of the secured asset with reasonable force which includes the breaking open of locks, wherever necessary; (ii) direct the police station concerned to provide help/assistance in taking possession. (x) The representative of the DM/CMM who takes possession of the secured asset shall draw Panchnama and take inventory of the secured asset before handing over physical possession to the Authorised Officer of the Banks/Financial Institutions. (xi) The possession of the secured asset shall be taken by the designated representative of the DM/CMM as expeditiously as possible after the passing of the order under the application by the DM/CMM. 8. Though above guidelines are not binding on our Subordinate Court, it is persuasive, the SARFAESI Act was enacted in the situation to achieve success in rapidly developing its economy that was the time where the Banking Industry was recording progress in consonance with the International Prudential Norms and accounting practices, and at the same time, the Banking and financial sector did not have a level playing field as compared to the participants in the financial markets in the world. There was no legal provision for securitisation of the financial assets of the Bank and Financial Institutions. They did not have power to take possession of the securities and sell them, which resulted in slow pace of recovery of defaulting loans and mounting levels of non-performing assets of Banks and Financial Institutions. There was no legal provision for securitisation of the financial assets of the Bank and Financial Institutions. They did not have power to take possession of the securities and sell them, which resulted in slow pace of recovery of defaulting loans and mounting levels of non-performing assets of Banks and Financial Institutions. Keeping in view with the above situation by Act No. 1 of 2013, Section 6(a) with effect from 15th January, 2013 provision was inserted to Section 14 of the SARFAESI Act, so that possession of the securities can be taken over without intervention of the Court and sell them. The enforcement of the security interest under Section 13 of the SARFAESI Act is without intervention of the Court or Tribunal. As per the proviso to Section 14 of the SARFAESI Act, if the secured creditor files application along with an affidavit duly affirmed by the Authorised Officer of the secured creditor declaring the facts from (i) to (ix) of the proviso and the Chief Metropolitan Magistrate or the District Magistrate as the case may be, after satisfying the contentions of the said affidavit shall pass suitable orders for the purpose of taking possession of the secured assets. In the process, he shall not decide the rights of the parties. The entire exercise will be for taking possession or control of such secured asset or documents making over the same to the secured creditor. The proviso to Section 14, reads thus: "14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.-- (1)....... The entire exercise will be for taking possession or control of such secured asset or documents making over the same to the secured creditor. The proviso to Section 14, reads thus: "14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.-- (1)....... 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 that.-- (i) The aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application; (ii) The borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period; (iii) The borrower has created security interest over various properties giving the details of properties referred to in Sub-clause (ii) above; (iv) The borrower has committed default in repayment of the financial assistance granted aggregating the specified amount; (v) Consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a non-performing asset; (vi) Affirming that the period of sixty days notice as required by the provisions of Sub-section (2) of Section 13, demanding payment of the defaulted financial assistance has been served on the borrower; (vii) The objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been communicated to the borrower; (viii) The borrower has not made any repayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of Sub-section (4) of Section 13 read with Section 14 of the principal Act; (ix) That the provisions of this Act and the rules made there under had been complied with: Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets: Provided........" 9. It appears that the Court below is unable to discern the scheme, scope and spirit of Section 14 of the SARFAESI Act, which is why the matter is kept alive for more than six months. It is the submission at the Bar that similar applications under SARFAESI Act are pending before various Courts of the State and are being unnecessarily adjourned. If that were to be so, the pending petitions before the lower Courts or the District Magistrates under Section 14 of the SARFAESI Act, shall be attended and required Assistance shall be given to the secured creditor for taking possession of the secured asset, without further delay, if the requirement under first proviso to Section 14 is complied to the satisfaction of the concerned Magistrate. Accordingly, the petition is allowed. The concerned Court is directed to dispose of the petition forthwith in accordance with law.