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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED – Appellant
Versus
THE SUPERINTENDENT OF POLICE ASHRAMAM RD, ASRAMAM, KOLLAM DISTRICT – Respondent
| Table of Content |
|---|
| 1. property repossession under sarfaesi act. (Para 1 , 2 , 3) |
| 2. (Para 4) |
| 3. obligation of secured creditors and police. (Para 5 , 6 , 8) |
| 4. court's direction for enforcing possession. (Para 9 , 10) |
JUDGMENT
Petitioner is a secured creditor under the Secularisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (for short, ‘the SARFAESI Act’). Respondents 3 and 4 had availed a housing loan for purchase of a residential property after creating a security interest over the property consisting of 02.50 Ares of land in Re-Survey No.77/10-2 of Block No.1 of Alappadu Village, which contains buildings bearing Nos. AP 3/373 and AP 3/374. Since the loan account became irregular, the account was classified as a Non Performing Asset and consequent to proceedings initiated under the SARFAESI Act, physical possession of the secured asset was taken over by the Advocate Commissioner appointed by the Chief Judicial Magistrate, on 22.02.2025.
2. After possession of the secured asset was handed over to the petitioner, respondents 3 and 4 allegedly broke open the lock and trespassed into the secured property and started illegally occupying the bui
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