ORDER : M.NAGAPRASANNA, J. 1. The petitioner is before this Court seeking the following prayer: a. Issue a Writ in the nature of Certiorari setting aside the observation that “ This possession delivery warrant is not binding on the 3 rd parties, if they are in possession of the property in any of the capacity, passed in the order dated 04.01.2025 in Crl.Mis.No.92/2024 on the file of Senior Civil Judge and CJM, Koppal vide Annexure-A b. Pass such other order as deems fit to the Hon’ble Court including cost. 2. The issue that brings the petitioner bank to this Court is an outlandish order passed by the concerned Court. The order passed by the concerned Court reads as follows: “This petition filed by the petitioner under Section 14 of the SARFAESI Act is hereby allowed. The petitioner is entitled to take physical possession of the secured asset which is described as PETITION Schedule property. The Advocate Commissioner to be appointed as court commissioner to take physical possession of the secured asset and to deliver the same to the petitioner. It is also ordered that the court commissioner Sri. Tajuddin, Advocate is appointed and the petitioner to take physical possession of the secured asset by drawing mahazar and also by taking photographs or by making videography at the cost of petitioner. The office is directed to issue commissioner warrant in the name of court commissioner, who is hereby directed to submit the compliance report in the court office without undue delay. This possession delivery warrant is not binding on the 3 rd parties, if they are in possession of the property in any of the capacity. 3. In a proceeding under Section 14 of the SARFAESI Act, it is trite that the concerned Court cannot go beyond what is sought. In the case at hand, it is apparent that the concerned Court has overstepped its jurisdiction. The issue in the lis stands answered by what is considered by the Co-ordinate Bench in Writ Petition No.105775/2025 disposed on 08.09.2025 which reads as follows: 11. Answer to point No.3: Whether a magistrate is required to issue any notice to the debtor while exercising power under Section 14 of the SARFAESI Act? 11.1 Section 14 of the SARFAESI Act is reproduced hereunder for easy reference: “ 14. Answer to point No.3: Whether a magistrate is required to issue any notice to the debtor while exercising power under Section 14 of the SARFAESI Act? 11.1 Section 14 of the SARFAESI Act is reproduced hereunder for easy reference: “ 14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.—( 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 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 thereunder 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 [within a period of thirty days from the date of application]: [Provided also that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate within the said period of thirty days for reasons beyond his control, he may, after recording reasons in writing for the same, pass the order within such further period but not exceeding in aggregate sixty days.] Provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any District Magistrate or the Chief Metropolitan Magistrate, as the case may be, on the date of commencement of this Act.] [(1A) The District Magistrate or the Chief Metropolitan Magistrate may authorise any officer subordinate to him,— (i) to take possession of such assets and documents relating thereto; and (ii) to forward such assets and documents to the secured creditor.] (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 [any officer authorised by the Chief Metropolitan Magistrate or District Magistrate] done in pursuance of this section shall be called in question in any court or before any authority.” 11.2 A perusal of Section 14 of the SARFAESI Act would indicate that where the possession of the secured asset is required to be taken by a secured creditor or if any of the secured asset/s is required to be sold or transferred by a secured creditor under the provisions of the Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request in writing the Chief Metropolitan Magistrate or the District Magistrate, within whose jurisdiction any such secured asset or other document relating thereto may be situated or found, to take possession thereof and the CMM or as the case may be the DM, shall on such an application made to him, take possession of such asset and documents relating thereto and forward such asset and documents to the secured creditor. 11.3 What is required in terms of first proviso to Subsection (1) of Section 14 of the SARFAESI Act is for the secured debtor to on affidavit duly affirmed by its authorised officer, make a declaration as regards the various aspects detailed under the said first proviso. In terms of second proviso to Subsection (1) of Section 14 of the SARFAESI Act, on receipt of the affidavit from the authorised officer, the CMM or the DM, 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 within a period of 30 days from the date of application. 11.4 The second proviso to Subsection (1) of Section 14 of the SARFAESI Act does not indicate the requirement of any notice to be issued to the secured debtor and or for the debtor to be heard in the matter. 11.4 The second proviso to Subsection (1) of Section 14 of the SARFAESI Act does not indicate the requirement of any notice to be issued to the secured debtor and or for the debtor to be heard in the matter. 11.5 What is required is an affidavit duly affirmed by the authorized officer to be filed in terms of the first proviso to Subsection (1) of Section 14 of the SARFAESI Act and in terms of the second proviso to Subsection (1) of Section 14 of the SARFAESI Act for the CMM or DM to be satisfied with the contents of the affidavit and once the same is done the CMM or the DM could direct the taking possession of the secured assets. 11.6 In terms of third proviso to Subsection (1) of Section 14 of the SARFAESI Act, it is required that the CMM or the DM, as the case may be, shall pass such order under Section 14 of the SARFAESI Act, on an application made under Section 14, within 30 days of the application and if any order is passed beyond period of 30 days, reasons have to be given as regards the delay. But in any case, such order is required to be passed within a period not exceeding in aggregate 60 days. 11.7 Thus, looked at it holistically, inasmuch as the second proviso to Subsection (1) of Section 14 of the SARFAESI Act not requiring any notice to be issued, and the third proviso to Subsection (1) of Section 14 of the SARFAESI Act requiring an order to be passed firstly within 30 days, secondly within a period of 60 days, accompanied by reasons for delay, the same would categorically indicate that there would be no requirement to firstly issue a notice to the debtor, or secondly to consider any claim made by the debtor. 11.8 Hence, I answer point No.3 by holding that magistrate is not required to issue any notice to the debtor while exercising power under Section 14 of the SARFAESI Act. 12 Answer to point No.4: Whether any person having any interest in the secured interest could agitate that claim before the magistrate exercising powers under Section 14 of the SARFAESI Act? 12 Answer to point No.4: Whether any person having any interest in the secured interest could agitate that claim before the magistrate exercising powers under Section 14 of the SARFAESI Act? 12.1 Section 14 of the SARFAESI Act has been reproduced herein above, so also I have dealt with the earlier points in respect of Section 14 of the SARFAESI Act. There being no notice which is required to be issued, the question of considering any objection would also not arise. Be that as it may, even if a debtor or anyone claiming under the debtor or independently were to voluntarily come before the CMM or the DM while an application under Section 14 of the SARFAESI Act were being considered, such a claim is not required to be considered in terms of Section 14 of the SARFAESI Act, since the order to be passed by the CMM or the DM is to be so done within a time-bound manner as indicated Supra. 12.2 That does not mean that any person who is aggrieved by the order has no remedy, inasmuch as Section 17 of the SARFAESI Act deals with application against measures to recover secured debts. 12.3 Said Section 17 of the SARFAESI Act is reproduced hereunder for easy reference: “17. [Application against measures to recover secured debts].—(1) Any person (including borrower), aggrieved by any of the measures referred to in sub- section (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter,1 [may make an application along with such fee, as may be prescribed,] to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measure had been taken: [Provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower.] [Explanation.—For the removal of doubts, it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons to the borrower shall not entitle the person (including borrower) to make an application to the Debts Recovery Tribunal under this sub-section. (1) of section 17.] [(1A) An application under sub-section (1) shall be filed before the Debts Recovery Tribunal within the local limits of whose jurisdiction— (a) the cause of action, wholly or in part, arises; (b) where the secured asset is located; or (c) the branch or any other office of a bank or financial institution is maintaining an account in which debt claimed is outstanding for the time being.] [(2) The Debts Recovery Tribunal shall consider whether any of the measures referred to in sub- section (4) of section 13 taken by the secured creditor for enforcement of security are in accordance with the provisions of this Act and the rules made thereunder. [(3) If, the Debts Recovery Tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in sub-section (4) of section 13, taken by the secured creditor are not in accordance with the provisions of this Act and the rules made thereunder, and require restoration of the management or restoration of possession, of the secured assets to the borrower or other aggrieved person, it may, by order,— (a) declare the recourse to any one or more measures referred to in sub-section (4) of section 13 taken by the secured creditor as invalid; and (b) restore the possession of secured assets or management of secured assets to the borrower or such other aggrieved person, who has made an application under sub-section (1), as the case may be; and (c) pass such other direction as it may consider appropriate and necessary in relation to any of the recourse taken by the secured creditor under sub-section (4) of section 13.] (4) If, the Debts Recovery Tribunal declares the recourse taken by a secured creditor under sub- section (4) of section 13, is in accordance with the provisions of this Act and the rules made thereunder, then, notwithstanding anything contained in any other law for the time being in force, the secured creditor shall be entitled to take recourse to one or more of the measures specified under sub-section (4) of section 13 to recover his secured debt. [(4A) Where— (i) any person, in an application under sub-section (1), claims any tenancy or leasehold rights upon the secured asset, the Debt Recovery Tribunal, after examining the facts of the case and evidence produced by the parties in relation to such claims shall, for the purposes of enforcement of security interest, have the jurisdiction to examine whether lease or tenancy,— (a) has expired or stood determined; or (b) is contrary to section 65A of the Transfer of Property Act, 1882 (4 of 1882); or (c) is contrary to terms of mortgage; or (d) is created after the issuance of notice of default and demand by the Bank under subsection (2) of section 13 of the Act; and (ii) the Debt Recovery Tribunal is satisfied that tenancy right or leasehold rights claimed in secured asset falls under the sub-clause (a) or sub-clause (b) or sub-clause (c) or sub-clause (d) of clause (i), then notwithstanding anything to the contrary contained in any other law for the time being in force, the Debt Recovery Tribunal may pass such order as it deems fit in accordance with the provisions of this Act.] (5) Any application made under sub-section (1) shall be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days from the date of such application: Provided that the Debts Recovery Tribunal may, from time to time, extend the said period for reasons to be recorded in writing, so, however, that the total period of pendency of the application with the Debts Recovery Tribunal, shall not exceed four months from the date of making of such application made under sub-section (1). (6) If the application is not disposed of by the Debts Recovery Tribunal within the period of four months as specified in sub-section (5), any part to the application may make an application, in such form as may be prescribed, to the Appellate Tribunal for directing the Debts Recovery Tribunal for expeditious disposal of the application pending before the Debts Recovery Tribunal and the Appellate Tribunal may, on such application, make an order for expeditious disposal of the pending application by the Debts Recovery Tribunal. (7) Save as otherwise provided in this Act, the Debts Recovery Tribunal shall, as far as may be, dispose of the application in accordance with the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) and the rules made thereunder.] 12.4 Though much of the reference which have been made under Section 17 of the SARFAESI Act are dealing with the steps taken under Section 13 of the SARFAESI Act, the fact remains that it is after completion of the proceedings under Section 13 of the SARFAESI Act that an application under Section 14 of the SARFAESI Act is made to give effect to such actions by taking possession of the property. Since without possession, the entire proceedings initiated under Section 13 of the SARFAESI Act would be rendered otiose. 12.5 Thus, Section 17 of the SARFAESI Act, dealing with application against measures to recover secured debts, which would also include recovery of possession, I am of the considered opinion that any person or entity aggrieved by any action either under Section 13 or 14 of the SARFAESI Act could avail the remedy available under Section 17 of the SARFAESI Act. 12.6 Hence, I answer point No.5 by holding that any person having any interest in the secured interest cannot agitate that claim before the magistrate exercising powers under Section 14 of the SARFAESI Act, but could do so under Section 17 of the SARFAESI Act. 4. In the light of the issue standing answered, the petition stands disposed on the same terms as directed by the Co-ordinate Bench in Writ Petition No.105775/2025. Ordered accordingly.