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2015 (8) TMI 1304 - HC - Indian LawsSection 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - rights of secured creditor - Held that:- While sub-section (2) of section 14 permits the CMM/DM to take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be necessary, sub-section (4) of section 13 or any other sub- section thereof does not authorise a secured creditor to barge into the secured asset for taking its possession by force. I am reminded of the maxim expressio unius est exclusio alterius, meaning whatever has not been included has by implication been excluded. From this is derived the subsidiary rule that an expressly laid down mode of doing something necessarily prohibits doing of that thing in any other manner. It is thus plain and clear that a secured creditor is not authorised to exert force while taking possession and that is left only to the CMM/DM, as the case may be, in the sound exercise of his discretion under sub-section (2) of section 14. If on a request made by the authorised officer to vacate the secured asset the borrower or any person in occupation thereof does not voluntarily surrender possession, the secured creditor would have no other option but to seek the assistance of the CMM/DM under section 14 in the manner prescribed.
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