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2008 Supreme(Ker) 367

J.B.KOSHY, P.N.RAVINDRAN
Aseena – Appellant
Versus
Sub Divisional Magistrate – Respondent


Advocates Appeared:For the Petitioners:K. Sajan Vargheese, Advocate. For the Respondents:K. Anand, Advocate.

Judgment :-

Koshy, J.

The second respondent bank and third respondent authorized officer approached the District Magistrate under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for assistance in taking possession of the secured assets owned by the writ petitioner. Section 14 of the above Act reads as follows:

"14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset:-

(1) Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him-(a) take possession of




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