Under challenge in these petitions is the common order dated 2.5.2019

passed by the learned Chief Judicial Magistrate, Thrissur, by which, the custody

of a car, which was the subject matter of a proceeding under the Securitisation

and Reconstruction of Financial Assets and Enforcement of Securities Interest

Act, 2002 (for brevity, 'SARFAESI Act') was given to the de facto complainant/

bank. The de facto complainant as well as the accused, being aggrieved by the

order, have come up with separate petitions.

2.

Brief facts necessary to be noticed for deciding these petitions are

that a sports utility vehicle was purchased by the 2^nd respondent by availing a

loan from the erstwhile State Bank of Travancore, which has now merged with

the State Bank of India. Her mother and brother stood as guarantors. When the

EMI’s were defaulted, the respondent Bank initiated proceedings under the

'SARFAESI Act'. A notice under Section 13(2) of the Act was initially issued.

However, the borrowers did not respond. The Bank then filed a petition before

the learned Chief Judicial Magistrate, Thrissur under Section 14 of the Act

seeking possession of the vehicle and to realize the amounts due. A

C