JUDGMENT :

The petitioner challenges the proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘the SARFAESI Act’) in this writ petition.

2. The facts leading to the institution of the writ petition are briefly narrated below:

The petitioner is the proprietor of M/s.Evercool Enterprises, Manjeri. The petitioner availed a credit facility from the first respondent Bank. The proprietorship enterprises of the petitioner obtained registration under the relevant provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (‘the MSMED Act’). The petitioner committed default in repaying the loan availed from the respondent Bank. The Bank proceeded under the provisions of the SARFAESI Act. The petitioner’s loan account was classified as Non-Performing Asset (NPA) on 28.02.2021. The Bank issued notice under Section 13(2) of the SARFAESI Act on 29.04.2021, possession notice on 29.12.2021 and sale notice on 01.09.2023. The Bank filed C.M.P.No.2941/2022 before the Chief Judicial Magistrate’s Court, Manjeri, which appointed an Advocate Commissioner to take the physical possession of the