of photographs depicting affixture of possession Notice on the schedule property and copies of publication of possession Notice in "Mana Telangana" and "Business standard" newspapers dated, 13.02.2023. Therefore, it is clear that the Respondent Bank has duly complied with Rule 8(1) and (2) of the security Interest (Enforcement) Rules, 2002, while issuing Possession Notice u/sec. l3(4) of the SARFAESI Act. It is settled law that there is no bar on the secured creditor to proceed under the RDB Act and the SARFAESI Act, simultaneously so, pendency of OA before the Tribunal does not restrain the Respondent Bank to initiate SARFAESI measures to recover outstanding dues. As the Applicant failed to pay the outstanding dues even after receipt of Demand Notice and Possession Notice, the Respondent Bank has proceeded u/sec. 14 of the SARFAESI Act, by approaching Ld. Chief Judicial Magistrate and obtained warrant of Advocate commission for taking physical possession of the schedule property. so it is very crear from the above that the Respondent Bank has duly followed the procedure under the SARFAESI Act, and the present S.A filed by the Applicant is devoid of merits, and same is liable to be dismissed. Accordingly this point is answered against the Applicant and in favour of the Respondent Bank.
