Judicial intervention is warranted to ensure timely consideration of appeals against coercive actions under the SARFAESI Act.

JUDGMENT Adv.Mohan Jacob George takes notice for the respondents.

2. The petitioner and his wife availed a loan from the respondent Bank after securing a residential property having an extent of 2.4282 Ares in Vattamkulam Village, Ponnani Taluk, Malappuram District, to the Bank as mortgage. Though there was regular payment in the initial days, there was default in the repayment and therefore the Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and issued notice under Section 13 (2) of the SARFAESI Act.

3. Followed by a possession notice dated 11.11.2025 under Section 13 (4) of the SARFAESI Act, the Bank took forward the proceedings and filed C.M.P.No.1433 of 2025 before the Chief Judicial Magistrate Court, Manjeri and by order dated 20.12.2025, the Chief Judicial Magistrate appointed an Advocate Commissioner to take physical possession of the secured assets. The Commissioner, thereafter, issued a notice on 04.01.2026 to take physical possession on 31.01.2026 at 11.00 a.m. with police assistance. Aggrieved by the acts under (4) of the SARFAESI Act, the petitioner has approached the Debt Recovery Tribunal and filed a Securitisation Application which is yet to be numbered but the Dairy Number is S.A.Dairy No.182 of 2026 and an application is also moved for stay as Ext.P3. According to the petitioner, only one officer is sitting in the Debt Recovery Tribunal and it is very difficult for him to get the S.A. numbered and to move the I.A. for stay.

4. The counsel for the respondents, on instructions, submitted that the overdue amount in the loan account is Rs.2,46,000/- (Rupees Two lakhs forty six thousand only) and the outstanding amount is Rs.34,64,000/- (Rupees Thirty four lakhs sixty four thousand only).

5. The petitioner submits that he has a valid ground for the S.A. and seeks that till the I.A. is considered, all coercive proceedings including taking of physical possession may be deferred.

6. It is brought to the notice that only one Debt Recovery Tribunal is sitting and the petitioner was served with notice of inspection on 17.01.2026, therefore the petitioner immediately filed the S.A., but the same could not be considered by the Debt Recovery Tribunal as there was no sitting.

Taking into consideration the facts and circumstances of the case, I dispose of this original petition by deferring the taking of physical possession by three weeks from today to enable the petitioner to get the S.A. numbered and to move the I.A. for stay.

Sd/-