Harish Tandon, J.

The appellant is a borrower within meaning assigned under section 2(f) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) and defaulted in payment of loan taken from the financial institution by mortgaging the property. Subsequently, the financial institution declared the assets to be non-performing one and issued notice under section 13(2) of the SARFAESI Act. After the expiration of the statutory period provided therein steps were taken to take possession of the secured assets of the borrower under section 13(4) of the SARFAESI Act. In furtherance thereof, an application was taken out under section 14 of the SARFAESI Act for an order to take physical possession of the secured assets.

Indisputably, the Additional District Magistrate, South Andaman district passed an order on 14th August, 2012 directing the Superintendent of Police of the District, Port Blair to make arrangement for State Bank of India to take possession of the assets mentioned in the order. The said order is assailed in this writ petition; Firstly, that the Additional District Magistrate is not competent to pass an order