A.M. Shaffique, J.

1. Petitioner has approached this Court challenging Ext.P14, an order passed by the Chief Judicial Magistrate, Thalassery, dismissing an application under Section 14 of the SARFAESI Act, 2002. The petitioner also seeks for a direction to implement Ext.P5 by directing the respondent 3 and 4 to remove respondents 1 and 2 from the secured asset of the Bank and hand over vacant possession of the same to the petitioner.

2. The facts involved in the writ petition would disclose that the petitioner Bank had taken proceedings against respondents 1 and 2 under the SARFAESI Act, when they committed default in payment of the dues. According to the Bank, symbolic possession of the secured asset was taken by affixture of notice, as evident from Ext.P2 dated 14.12.2009.

3. Though respondents 1 and 2 approached this Court challenging the sale notice published by the petitioner, this Court granted instalment facility to respondents 1 and 2 to repay the loan amount in instalments since respondents 1 and 2 committed default. Pursuant to the same, the petitioner approached the Chief Judicial Magistrate, Thalassery under Section 14(1) of SARFAESI Act and as per order dated 31