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2023 Supreme(Online)(KER) 32820

HIGH COURT OF KERALA
GOPINATH P, J
B.V.SOJA – Appellant
Versus
THE AUTHORISED OFFICER – Respondent


JUDGMENT

The late husband of the petitioner availed a loan from the respondent bank. On default being committed, proceedings have been initiated under the provisions of the SARFAESI Act and the possession of the secured asset being an auditorium has already been taken by the Advocate Commissioner on

07.01.2023. The petitioner has challenged the proceedings before the Debts Recovery Tribunal by filing S.A. No. 411/2022 which is pending on the file of the Debts Recovery Tribunal-II, Ernakulam. Though the Tribunal issued Ext.P5 interim order, the petitioner has not complied with the conditions imposed in the order in full.

2. The petitioner has approached this court stating that the auditorium which has been taken possession of by the Advocate Commissioner appointed by the Chief Judicial Magistrate’s Court, Thiruvananthapuram had been booked for certain marriages on 22.01.2023, 26.01.2023, and

01.02.2023. Reference is made in this regard to the invitation cards which are placed on record. It is submitted that if the persons who have booked the auditorium are required to now search for alternate auditoriums, the same will cause serious

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