ORDER :

Vaibhavi D. Nanavati, J.

1. Heard Mr.Vijay Patel, learned advocate appearing for the petitioner and Mr.Lalit Patel, learned advocate appearing for the respondent.

2. By way of the present petition, the petitioner herein has prayed for direction to implement the order dated 30.03.2013 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad in Criminal Misc. Application No.197 of 2012 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the “Act”) whereby, the learned Magistrate was pleased to direct the respondent to take physical possession of the property in question.

3. Briefly stated, the respondent - bank sanctioned cash credit facility of Rs.3 lacs to one M/s.Norton Industries - the borrower in the year 1997 and to secure the said facility, M/s.Norton Industries executed security documents in favour of the respondent, creating security interest in favour of the respondent.

3.1. The borrower failed to make the payment of the loan amount and in view thereof, the account of the borrower was classified as Non-Performing Asset on 30.03.2003. The respondent – bank issued notice d