JUDGMENT :

The original petitioner is a borrower from the erstwhile Corporation Bank, which has now merged with the Union Bank. An overdraft cash credit facility taken in the year 2011, the quantum of which was subsequently enhanced, was defaulted by the borrower. Proceedings were initiated by the bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act'). By the impugned order dated 16.05.2022, the Chief Judicial Magistrate appointed an Advocate Commissioner to take possession of the secured asset under Section 14(1) of the SARFAESI Act.

2. This writ petition was filed only on 28.03.2023, challenging Ext.P3 order dtd. 16.05.2022. After the hearing was completed, it was noticed that petitioner had filed an amendment petition, which was not brought to the notice of the court, though arguments were addressed entirely on that basis. The case was therefore posted again, and the amendment petition was allowed. All the learned counsel were again heard. In the amended writ petition, eleven new relief