1. i have gone through s.14 sarfeasi after it was amended and also your case note
2. the amended s.14 only states that the magistrate has to satisfy himself that all information enlisted in the proviso are covered in the application filed by the bank u/s 14
3. if the information is not as prescribed then the application can be rejected
4. in your case the magistrate went a step further by holding that the account is standard and not NPA
5. u/s 14 no adjudication rights are granted to the Magistrate
6. he only has to see that the affidavit required to be filed by bank contains all the required information and after satisfying himself with the contents, he has to pass an order on the bank's application
7. so the order passed by Magistrate is not as per s.14. He only had to decide whether the application of bank is proper and has no power to adjudicate whether the account is standard or NPA
8. the High court has taken care of this and directed the bank to file a fresh application containing all the required information as prescribed in the proviso to s.14 and after satisfying that all the information is proper, the magistrate has to pass an order directing his office to take possession of secured asset
9. the high court has perused the bank's affidavit and found it to be not in order and hence directed bank to file a fresh application before the DM
10. It does not matter that you did not inform the HC that the bank's affidavit was taken from DRT proceedings and submitted to the DM
11. Your SLP will be dismissed. Even any review of the HC order will not be upheld
12. You have not informed what was the loan amount you took from the bank and whether there was any default in repayment by you