Satish K. Agnihotri, J.

1. Aggrieved by the notice under Section 13(4) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act"), dated 12.2.2015, the petitioner has come up with the instant writ petition questioning the penultimate paragraph of the notice whereunder, it was directed to deliver possession of the secured assets.

2. Relying on the ratio laid down by the Supreme Court in ICICI Bank Ltd., - Vs. - Prakash Kaur and Others (2007) 2 SCC 711, the learned senior counsel appearing for the petitioner submits that there is a complete mechanism for taking over possession under the provisions of SARFAESI Act. Under Section 13 (4) of the Act, a symbolic possession can be taken and thereafter, under Section 14 of the SARFAESI Act, the secured creditor i.e. financial institution can approach the competent authority as prescribed under Section 14 of the SARFAESI Act to take the assistance for securing the possession of the secured assets.

3. Pursuant to the notice, the Bank has filed an affidavit indicating in paragraphs 4 and 5, as under:-

“(4) I submit as no amount was forthcoming from the petitioner,