Insofar as the orders passed by the District Magistrate under Section 14 of the SARFAESIAct, 2002 is concerned, suffice is to note that the said order has been passed after dismissal of the Securitization Application vide order dated 9.2.2016 and determination of dispute relating to the default in repayment of loan by the borrower; that the borrower has created security interest over the disputed property; steps taken under Sections 13(2) and 13(4) of the SARFAESI Act, 2002 by the Bank and disposal of all objections taken by the petitioner with regard to the steps taken by the bank during the process. The affidavit which is required to be filed by the Bank under proviso to Section 14 of the SARFAESI Act, 2002 is needed to ascertain all the abovenoted aspects of the matter prior to determination of dispute under the SARFAESI Act, 2002 by the Debt Recovery Tribunal. Whereas in the instant case, after determination of the dispute by the Debt Recovery Tribunal, the borrower did not handover possession of the secured assets; it appears that in the said circumstance, the District Magistrate has proceeded to pass order under Section 14 of the SARFAESI Act, 2002. As the dispute relating to the default and steps taken by the Bank/secured creditor has already been brought to an end, the objections taken by the learned counsel for the petitioner with regard to the maintainability of the application under Section 14 of the SARFAESI Act, 2002 or the procedure adopted by the District Magistrate, while passing the order of securing possession of the secured asset cannot be entertained.
