ORDER :

Leave granted.

2. The challenge in the present appeal is against an order of the High Court dated 27th April, 2012 by which the order passed by the learned Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act") has been reversed and the appellant - Bank has been directed to handover possession of the secured assets to the respondent – borrower.

3. The order of the High Court is based on one of its previous orders passed in the case of V. Nobel Kumar v. The Authorized Officer, Standard Chartered Bank [2011 (1) CTC 513]. The aforesaid order of the High Court in V. Nobel Kumar v. The Authorized Officer, Standard Chartered Bank (supra) has been reversed by this Court by its judgment dated 22nd August, 2013 which is now reported in Standard Chartered Bank v. V. Noble Kumar and others [(2013) 9 SCC 620].

4. In Standard Chartered Bank v. V. Noble Kumar and others (supra), this Court while reversing the judgment of the High Court took the view that for seeking possession under the SARFAESI Act, prior to insertion of proviso to Section 14 of the SARFAESI Act i