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2024 Supreme(Ker) 633

N. NAGARESH
Authorized Officer, The People's Urban Co-operative Bank Ltd – Appellant
Versus
Addl. Chief Judicial Magistrate – Respondent


Advocates Appeared:
For the Petitioner: Devaprasanth P.J.
For the Respondent: Sri. T.C. Krishna, SCGC, Sri. S. Gopinathan, Sr. Government Pleader, N.K. Shyju, Gireesh Pankajakshan, Ananya M., Vishnu Mohan, M.N. Manmadan, CGC.

JUDGMENT :

Where a secured creditor who bid for the immovable property on its own behalf as permitted under Section 13(5A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and has purchased the property, can resort to Section 14 for taking over physical possession of the secured asset? Whether a secured creditor, who has bid for the secured asset, ceases to be a secured creditor after purchase of the immovable property? These are the legal questions arising for consideration in these writ petitions.

2. These writ petitions have been filed by the Authorised Officer of the People's Urban Co-operative Bank Limited, Thrippunithura. The petitioner filed MC No.188/2021 and MC No.906/2022 before the Additional Chief Judicial Magistrate's Court, Ernakulam invoking Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitions were filed to get assistance to obtain vacant possession of the property mentioned in the Schedule of the petitions.

3. The petitioner states that the properties were purchased by the Bank and the Authorised Officer is bound to give delivery o

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