It is further submitted that the Applicant has challenged the CJM Order dated 25.03.23 in Crl.MP.3089/23. Bank has complied with all the provisions & procedures contemplated under SARFAESI Act & Rules. Further, the creation of security interest was duly registered in the Central Registry of CERSAI. Further it is submitted that the Defendant Bank has issued Demand Notice dated 20.09.2021, which was received by all the defaulters including legal heirs of deceased Ramachandran. Thereafter, the Bank issued Possession Notice dated 10.01.22, which was also received by all the defaulters including legal heirs of deceased Ramachandran. Further, the Bank published the Possession Notice both in English & Tamil dailies on 16.01.22 and affixed the same on the conspicuous part of the Property on 10.01.22. Thereafter, the Defendant Bank obtained Order dated 16.11.2022 from the Ld. CJM, Kanyakumari District at Nagercoil. Subsequently, the borrowers wife approached the Hon'ble High Court in WP (MD) No. 27013/22 challenging the Sale Notice, in which the Hon'ble High Court has passed conditional order of stay to pay the entire loan dues. Since, the Hon'ble High Court passed the conditional Order of stay, the Ld. CJM has closed the Crl.M.P.No. 11168/22. Since the defaulters have not complied with the conditional order passed by the Hon'ble High Court, the Bank has obtained fresh Order from the Ld. CJM in Crl.M.P.No. 3089/23, which is now under challenge. Thus, the Bank has complied with all the provisions & procedures contemplated under the SARFAESI Act & Rules.
