07/02/2026
Borrower has no right to be heard in the proceedings under Section 14 of the SARFAESI Act.
Though a settled law, but Divisional Bench 1 of Indore HC has reiterated in WP No 906 of 2026 on 06.02.2026 that Borrower has no right to be heard in the proceedings under Section 14 of the SARFAESI Act. Proceedings under Section 14 SARFAESI Act are ministerial in nature and not quasi judicial in nature. S 14 proceedings before CJM/DM does not involve any adjudicatory process. Hence, Borrower cannot claim that principles of natural justice were not followed.
The Honble Court cited the judgements of Honble SC and judgment of Honble HC which can be seen in the pic of the page of the judgement attached with this post.
Note by
Satyam Pandey
Advocate
MP High Court Bench at Indore
Former Judge MP Judicial Services
