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2025 Supreme(Online)(Ker) 53528

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
BHUVANESWARI – Appellant
Versus
THE AUTHORIZED OFFICER, GOSREE FINANCE LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.BASIL MATHEW, SMT.SARASWATHI PALEREKEEZHIL, SRI.DAN ELIAS
For the Respondents: SHRI.M.A.JOSEPH MANAVALAN, SHRI.ANANTHAKRISHNAN R., SC, SHRI.HEADSON P.J.

JUDGMENT

(Dated this the 26th day of November, 2025)

The petitioners have approached the Debts Recovery Tribunal by filing S.A. No.820/2025 against the proceedings initiated under Section 14 of SARFAESI Act , whereby the Chief Judicial Magistrate's Court had appointed an Advocate Commissioner to take physical possession of the secured assets as per order dated 24.10.2025.

2. The learned counsel for the petitioner submits that the S.A.

came up for admission before the tribunal on 25.11.2025. Since there was a caveat, the respondent sought time for filing a counter affidavit in the stay petition as well as in the S.A. The same is posted to

04.12.2025 for hearing of the stay petition.

3. The case of the petitioners is that in the meanwhile, the Commissioner appointed by the Chief Judicial Magistrate's Court had issued Ext.P5 notice on 10.11.2025, wherein it is stated that any day after 14 days from the date of receipt of the notice, the possession of the secured assets would be taken. The petitioners apprehend that any day the Commissioner will take physical possession during the pendency of the stay petition.

4. In such circumstances, the limited request made by the petitioner is that ti

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