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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
STATE BANK OF INDIA – Appellant
Versus
THE DISTRICT POLICE CHIEF, PATHANAMTHITTA – Respondent
| Table of Content |
|---|
| 1. petitioner seeking recovery under sarfaesi act. (Para 1 , 2) |
| 2. request for police assistance in property repossession. (Para 3 , 4) |
| 3. respondent's contest on property identification and ownership. (Para 6 , 7 , 8) |
| 4. court asserts statutory rights of secured creditors. (Para 9 , 10 , 11) |
| 5. final order to provide police assistance for repossession. (Para 12) |
JUDGMENT
(Dated this the 29th day of October, 2025)
The petitioner is the State Bank of India, who has proceeded under the SARFAESI Act , against the 3rd respondent for recovery of amount due under the credit facility availed by him.
2. When there was a default in repayment, notice under Section 13(2) of the Act was issued. Ultimately, the 3rd respondent filed an application under Section 14 before the Chief Judicial Magistrate Court, Pathanamthitta, as M.C.No.42/2019, and by order dated 19.02.2019, the Chief Judicial Magistrate appointed an Advocate Commissioner to take physical possession of the secured assets shown in Ext.Nos.P7 and P8. Pursuant to the order, it is seen that the Advocate Commissioner took physical possession of the secured assets on 30.04.2019.
3. Ext.P2 is the report submitted by the Advocat
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