ORDER

1. This Appeal is filed challenging the Order dated 03.01.2024 passed by Learned Presiding Officer, DRT-II, Ernakulam in IA 3067/2023 in SA 474/2023.

2. Interim Application IA 3067/2023 was filed by Respondents herein seeking stay of all further proceedings pursuant to Annexure-VI Notice issued by the Advocate Commissioner appointed by the CJM, Pathanamthitta.

3. Learned Counsel for Appellant Bank submitted that Appellant Bank has followed Rule 3 of the Security Interest (Enforcement) Rules, 2002, (hereinafter referred to as Enforcement Rules, 2002) in strict compliance, in serving Section 13 (2) of SARFAESI Act, 2002, notice to Respondents through registered post with acknowledgement due, and when it was returned because of non-service, paper publication was effected; thus, Notice was served as mandated in Rule 3 of Enforcement Rules, 2002. Despite of the fact of compliance of mandated service of Notice, Learned Presiding Officer has ordered stay of all further proceeding on the ground that Respondent Nos. 2 to 4 herein were in jail custody during the relevant period, and there was no proper service. It is further submitted that Bank was not aware of the fact that Respondent N