ORDER

The revision petitioner in both the matters is the Authorised Officer empowered under the Securitisation Act. The impugned order is the common order in Crl.M.P.No.4977/2006 and 5748/2006 by the Chief Judicial Magistrate Court, Kollam. Crl.M.P.No.4977/2006 was filed by the authorised officer vide Section 14(1) of the Securitisation Act seeking assistance of the Chief Judicial Magistrate for taking physical possession of the secured assets and Crl.M.P.No.5748/2006 is filed by the debtor seeking to dismiss the application filed by the Authorised Officer. The court below relying on the decision reported in Arun Kumar Arora vs. Union of India (2006 (4) KLT Short notes page 48 Case No.65) dismissed the application filed by the Authorised Officer, holding that the application filed by the Authorised Officer is premature and agreeing with the view of the decision in Arun Kumar Arora's case (op. cit) that symbolic possession should be taken at first, so that an opportunity would be available to the borrower to redress his grievance before the Debt Recovery Tribunal as provided under Section 17 of the Act.

2. Counsel for the revision petitioner has submitted that the decision relied on