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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Manindra Mohan Shrivastava, CJ, G.Arul Murugan, J
Canara Bank Asset Recovery Management Branch – Appellant
Versus
K.K.Surya Praba – Respondent
| Table of Content |
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| 1. petition seeks direction for physical possession of secured asset. (Para 1 , 2) |
| 2. pending proceedings before chief judicial magistrate affect the writ petition. (Para 3 , 4) |
Petition is for issuance of direction to the Advocate Commissioner to take physical possession of the secured asset with police assistance.
2. We find that in the matter of challenge to the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the Chief Judicial Magistrate, an order was initially passed by the Debts Recovery Tribunal granting conditional stay in favour of the borrower. Later on, it appears that on 10.10.2025, the Debts Recovery Tribunal passed an order recording that the condition, on which the interim order was granted, has not been complied with.
3. On petitioner's own showing, order dated 10.10.2025 has now been placed before the Chief Judicial Magistrate and the proceedings before the Chief Judicial Magistrate have been listed on
14.11.2025 for passing appropriate orders.
4. When the proceedings are pending before the Chief Judicial Magistrate and the case is now to be taken up on 14.11.20
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