NDLI: C. Bright Vs. The District Collector & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Financial Assets
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: s.14 – Whether mandatory or directory provision – Held: s.14 mandating the District Magistrate to deliver possession of a secured asset within 30 days, extendable to an aggregate of 60 days upon reasons recorded in writing, is a directory provision – The purpose of enactment of the 2002 Act was to provide a machinery for empowering banks and financial institutions, so that they may have power to take possession of secured assets and to sell them – Keeping the objective of the Act in mind, the time limit to take action by the District Magistrate was fixed to impress upon the authority to take possession of the secured assets – However, inability to take possession within time limit does not render the District Magistrate functus officio – The time limit is to instill a confidence in creditors that the District Magistrate will make an attempt to deliver possession as well as to impose a duty on the District Magistrate to make an earnest effort to comply with the mandate of the statute to deliver the possession within 30 days and for reasons to be recorded within 60 days – In this light, the remedy under s.14 of the Act is not rendered redundant if the District Magistrate is unable to handover the possession. Interpretation of Statutes: Word ‘shall’ – Connotation of – Held: The use of the word “shall” in a statute, does not necessarily mean that in every case it is mandatory that unless the words of the statute are literally followed, the proceeding or the outcome of the proceeding, would be invalid – It is also not always correct to say that if the word “may” has been used, the statute is only permissive or directory in the sense that non-compliance with those provisions will not render the proceeding invalid and that when a statute uses the word “shall”, prima facie, it is mandatory, but the Court may ascertain the real intention of the legislature by carefully attending to the whole scope of the statute – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – s.14.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2020 INSC 633
Petitioner	C. Bright
Respondent	The District Collector & Ors.
SCR	[2020] 7 S.C.R. 997
Judgement Date	2020-11-05
Case Number	3441

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