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Professional Legal Solutions
We handle end-to-end coordination with the with Chief Metropolitan Magistrate (CMM) or District Magistrate (DM) from application preparation and affidavit filing to court hearing management and possession order implementation with zero procedural gaps.
Expert Legal Process
Kenstone Capital’s legal team prepares and files Section 14 applications before the CMM or DM on behalf of secured creditors ensuring every application is correctly structured, supported by the required affidavits, and compliant with SARFAESI procedural rules. We manage all court hearings, respond to judicial queries, and coordinate with the appointed advocate commissioner to ensure the possession order is obtained and executed within the 30-day statutory timeframe.
Comprehensive Documentation
Section 14 proceedings require precise, court-ready documentation including the Section 13(4) possession notice, loan account statements, security interest registration details, title documents, and sworn affidavits from authorised bank officers. Kenstone Capital compiles and verifies every document required for a successful CMM or DM application eliminating filing defects that cause delays, adjournments, or application rejections.
Our Section 14 Strategic Process
We follow a structured four-step approach for every Section 14 engagement ensuring each CMM or DM application is legally prepared, court-ready, and executed to deliver timely physical possession for the secured creditor.
1
Initial Assessment
Thorough evaluation of case requirements and documentation
Court Filing
Expert preparation and submission of court applications
Process Management
Professional handling of court proceedings and requirements
Execution & Compliance
Systematic implementation of court orders and compliance
Ready to Initiate Section 14 Proceedings for Physical Possession?
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 Quick answers to your key questions about Section 14 proceedings under SARFAESI.
When should a lender file a Section 14 application?
A Section 14 application should be filed when a borrower physically resists or obstructs the secured creditor from taking possession of the secured asset under Section 13(4). It is also filed when the nature of the property such as a tenanted or disputed asset makes it impractical to take possession without judicial authority and police assistance.
How long does a Section 14 proceeding take?
The SARFAESI Act mandates that the CMM or DM must dispose of a Section 14 application within 30 days of filing extendable to 60 days for recorded reasons. Kenstone Capital’s proactive filing and hearing management ensures proceedings move within this statutory window with minimal delays.
What happens after the CMM or DM grants the possession order?
Once the order is granted, the CMM or DM appoints an advocate commissioner or a designated officer to assist in taking physical possession. Kenstone Capital coordinates the entire execution deploying field teams, coordinating with local police, securing the asset, and preparing complete panchnama and handover documentation for the lender.
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