JUDGMENT

Petitioner has approached this Court being aggrieved by the fact that the property which was taken possession by a authorized officer of the petitioner Bank with the assistance of an Advocate Commissioner appointed by the Chief Judicial Magistrate Court, Pathanamthitta, has been trespassed upon by respondents 4 and 5 (borrowers). It is submitted that though a complaint was filed before the Police, respondents 4 and 5 are continuing in possession of the property in question.

2. Learned counsel appearing for the respondent Nos.4 and 5 would submit that respondents 4 and 5 were permitted to continue in possession after the Advocate Commissioner took possession of the property by the officials of the Bank themselves. It is submitted that respondents 4 and 5 intend to challenge the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) before the Debts Recovery Tribunal.

3. Learned counsel appearing for the petitioner Bank would refer to Ext.P2 Commissioner’s report to show that the Advocate Commissioner had actually taken physical possession and had handed over the same to the authorized officer of the petitioner Bank. It is submitted that there is no dispute that respondents 4 and 5 are continuing in possession of the property and this is clearly illegal.

4. Having heard the learned counsel appearing for the petitioner Bank, the learned counsel appearing for respondents 4 and 5 and the learned Government Pleader appearing for respondents 1 to 3, this writ petition will stand disposed of directing the 3rd respondent to ensure that the physical possession of the secured asset in question which is the subject matter of Ext.P1 proceedings, is given to the authorized officer of the petitioner Bank within a period of one month from today. Respondents 4 and 5 are given one month time to seek appropriate relief from the Tribunal and if they fail to obtain any relief they shall hand over possession of the secured asset as directed above.

Writ petition will stand disposed of with the aforesaid directions.

Sd/-

GOPINATH P.

JUDGE

ats

APPENDIX OF WP(C) 34920/2022 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER DATED 22-9-2021 OF THE CHIEF JUDICIAL MAGISTRATE, PATHANAMTHITTA.

Exhibit-P2 TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED 23-6-2022 TOGETHER WITH THE INVENTORY.

Exhibit-P3 TRUE COPY OF THE COMPLAINANT DATED 28-6-2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P4 TRUE COPY OF F.I.R BEARING CRIME NO.377/2022 OF CHITTAR POLICE STATION.