BASANT BALAJI J ======================

W.P. (C) No. 2964 of 2026 ========================

Dated 11^th day of February 2026 JUDGMENT The petitioner is the owner in possession of 1.66 Ares of property comprised in Re-Sy. No. 516/5-3-2. For the purpose of constructing a residential house, the petitioner availed three loan facilities from the respondent Bank. The petitioner was initially regular in remitting the loan instalments. However, during the COVID-19 pandemic and the consequent lockdown, the petitioner suffered severe business setbacks. Though the petitioner continued to remit the instalments to the extent possible, persistent financial difficulties ultimately compelled the petitioner to wind up the business. Despite earnest efforts to mobilise funds, the petitioner was unable to clear the outstanding liability and consequently defaulted in repayment. On account of such default, the respondent Bank initiated proceedings under the provisions of the SARFAESI Act and filed M.C. No.736 of 2025 before the jurisdictional Chief Judicial Magistrate Court seeking assistance for taking possession of the secured asset. Pursuant thereto, an Advocate Commissioner was appointed to take physic