ORDER

1. Encore Asset Reconstruction Company Private Limited (in short “ARC”) is before Court seeking writ of mandamus to respondent No.3 to comply with the order passed by the Collector on 31st August 2020 under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter shall be referred to as the “SARFAESI Act”) to take physical possession of the mortgaged assets; immovable properties described in the said order and forward such assets to the petitioner.

2. Before adverting to the prayer so made, it is expedient to observe that the Allahabad Bank, the secured creditor, after service of notice to the borrower, as contemplated under section 13 (2) of the SARFAESI Act called upon the borrower/Intervener to make good the payment of outstanding dues towards the loan account declared NPA and after having not received the payment due from the borrower, approached the Collector filing an application under section 14 of the Act for taking possession of the mortgaged property detailed in order dated 31.8.2020 and forward such assets/mortgaged property to it.

3. Respondent No.2 after ensuring compliance of the requirement