N.J. JAMADAR, J.

1. Heard learned Counsel for the petitioner and learned AGP.

2. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India seeking a writ, order or direction to the learned Chief Metropolitan Magistrate, at Esplanade Court, Mumbai and the Senior Inspector of Police, Pant Nagar Police Station, Ghatkopar, Mumbai (the respondents) to immediately take physical possession of secured assets mentioned in Schedule "A" to the petition and handover the same to the Authorised Officer of the petitioner Bank ("The Bank")

3. The brief facts which led to this petition can be summarized as under:

(a) The Bank had advanced loan/extended credit facilities to M/s. Ankur Iron India Private Limited (M/s. Ankur). As M/s. Ankur committed default in repayment, the Bank initiated proceeding under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act") before the learned Chief Metropolitan Magistrate. Vide order dated 14th June 2018, in Case No. 36/SA/2018, the Chief Metropolitan Magistrate allowed the Application under Section 14 of the Act and the Authorised Officer of the Bank Mr. R.P. Sivaram was permitted to take over possession of the secured assets, on behalf of the Bank. The learned Chief Metropolitan Magistrate passed an elaborate order and, inter alia, appointed Advocate Chetna Dattaram Khedekar as Court Commissioner to take over possession of the secured assets. The jurisdictional police were also directed to provide police aid to the Court Commissioner, if required.

(b) The Court Commissioner, armed with the order of the learned Chief Metropolitan Magistrate, issued a notice on 24th July 2018 and thereby fixed 08th August 2018 as the date for taking physical possession of the secured assets. The concerned Police Station was requested to provide necessary police aid.

(c) In the meanwhile, one Mr. Tanvir Ahmed Mir and another instituted a suit for declaration and injunction against Mr. Kiran P. Mehta, Director of Ankur Iron India Pvt. Ltd. and Mrs. Pradnya K. Mehta, Partner of Ankur Steel Corporation and the petitioner, inter alia, asserting that they were working as Sales Managers in the Anantnag Branch office of M/s. Ankur Iron Steel Corporation and M/s. Ankur Iron India Pvt. Ltd. and their wages to the tune of Rs. 3,60,000/- remained unpaid. It was averred that the defendants, instead of releasing their salaries, were bent upon to create third party interest in the property i.e. Flat No. 403 and Flat No.404 (secured assets). It appears that on 01st August 2018, the Principal District Judge, Anantnag passed an order on an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 and directed that notices be issued to the defendants and ".... to maintain status quo on spot with respect to the suit property and also with respect to the status of the Applicants/Plaintiffs till next date of hearing".

(d) The borrowers Mr. Kiran Mehta and Mrs. Pradnya Mehta and Ankur Steel Corporation, thereafter, moved an application being Case No. 2511/MISC/2015 dated 10th August 2018 before the learned Chief Metropolitan Magistrate to direct Ms. Chetna Dattaram Khedekar, Advocate Commissioner not to take any steps in furtherance of notice dated 24th July 2018 till such period the order of status quo passed by the learned Principal District Judge, Anantnag dated 01st August 2018 read with 07th August 2018 is in operation. The learned Chief Metropolitan Magistrate, after recording adequate reasons, was persuaded to reject the said application being Case No. 2511/MISC/2018 by order dated 04th September 2018 with costs. The learned Chief Metropolitan Magistrate was of the view that in the backdrop of the provisions contained in Sections 34 and 35 of SARFAESI Act, the learned Principal District Judge, Anantnag had no jurisdiction to pass an order of status quo, which has the effect of i