registration of the mortgage with CERSAI, default by the applicants in repayment of the outstanding loan due, classification of the loan account as Non-Performing Asset on 19.6.2021, issuance of demand notice dated 8.10.2021, receipt of the demand notice by the applicants, failure to send any objection/representation to the demand notice, failure to discharge their liability, issuance of possession notice, resistance of the applicants for taking physical possession of the property, secured asset being free of lease hold, description of the secured asset with boundaries are stated. It is also not the contention of the applicants that the Additional Chief Judicial Magistrate Court, (MP’s and MLA’s), Ernakulam passed order in M. C. No.22/2023 without having verified the contents of the affidavit and having satisfied over the same. Once it is established that the affidavit Annexure-A2 filed in M. C. No. 22/2023 is in compliance with the requirements contemplated under the proviso (i) to (ix) to the provisions of Section 14 of the SARFAESI Act, 2002, interference of the order in M.C. No.22/2023 of the Additional Chief Judicial Magistrate Court, (MP’s and MLA’s), Ernakulam is not warranted. The Advocate Commissioner issued Annexure-A3 notice for taking physical possession of the secured asset pursuant to the direction given to him by the Additional Chief Judicial Magistrate (MP’s and MLA’s), Ernakulam. This notice cannot be challenged in any manner. In view of the foregoing deliberations, this Tribunal holds that the applicants are not entitled to get the relief sought for in the SA.
