credit facility, creation of security interest over the immovable property, default in repayment of the outstanding loan due, classification of loan account as NPA on 31.3.2021, issuance of Demand Notice to the applicant and his parents, proof of service of Demand Notice to them, failure to send any objection to the Demand Notice and discharge the liabilities, issuance of Possession Notice and its publication in newspapers, total outstanding amount as on the date of filing of the application, reason for taking physical possession of the secured asset, are stated. Thus it is evident that the requirement contemplated under proviso (i) to (ix) to the provisions of Section 14(1) of the SARFAESI Act, 2002 has been duly complied with by the defendant. A perusal of Annexure-A3 order passed in MC No.396/2021 shows that the learned Additional Chief Judicial Magistrate (MPs/MLAs) Ernakulam after having perused the contents of the affidavit and verified the documents produced in support of the affidavit and having satisfied over the same, passed order appointing Advocate Commissioner to take physical possession of the secured asset. This Tribunal does not find any infirmity or flaw in the above order. The Advocate Commissioner issued Annexure-A4 notice to the applicant and his parent for taking physical possession of the secured asset, pursuant to the direction given to him in MC No.396/2021. Hence Annexure-A4 notice cannot be challenged in any manner. The applicant has failed to establish his case that he is entitled to get the reliefs sought for in the S.A.
