J U D G M E N T

The challenge in this original petition is to the order dated

19.04.2022 in I.A.No.1565 of 2021 in S.A.No.336 of 2021 passed by the Debts Recovery Tribunal-2, Ernakulam. Petitioner No.1, a proprietrix firm availed an overdraft facility of Rs.98 Lakhs from the respondent Bank. Petitioner No.2 is the guarantor of the loan. For availing the loan, the petitioners mortgaged 37.90 ares of land along with a residential building in Survey No.816/1 (Re-survey No.265/8) and 0.40 Ares of land in Survey No.749/10 (Re-survey No.265/5A) of Kuruvilangad Village, Meenachil Taluk.

2. The petitioners committed default in repaying the loan.

The Bank classified the loan account as Non Performing Asset (NPA). Thereafter, the Bank proceeded under the provisions of the SARFAESI Act .

3. The petitioners challenged the proceedings initiated by the Bank under the the provisions of the SARFAESI Act by filing S.A.No.336 of 2021 before the Debts Recovery Tribunal-2, Ernakulam. Along with the Securitization Application, the petitioners filed I.A.No.1565 of 2021 for appointing an Advocate Commissioner to establish that the property mortgaged is agricultural land. The learned Presiding Officer of th