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Section 14 of sarfaesi act

(Querist) 20 August 2014 This query is : Resolved 
is it mandatory for district magistrate to take the 13 point affadavit from the authorized officer as per amended section 14 of the sarfaesi act?if he does not have affadavit can he proceed to give the possession of the motrgaged property?
Devajyoti Barman (Expert) 20 August 2014
academic query......
Rajendra K Goyal (Expert) 21 August 2014
Academic query.
K.K.Ganguly (Expert) 22 August 2014
1. No. It is not at all mandatory,

2. DMs insist for such affidavits to play safe,

3. The DM of one District of W.Bengal insists on affidavits on 23 points (recently increased to 25 points).
T. Kalaiselvan, Advocate (Expert) 26 August 2014
The query has been properly addressed by expert Mr.Ganguly.
Rohit Gupta (Querist) 26 August 2014
As per the amended safaris act amended on 15 Jan 2013 section 14(1) the act provides for the same then it should be mandatory?


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