This sA has been filed against the notice issued under Section 13 (2) of the SARFAESI Act and notice under section 13 (a) for taking physical possession has not been issued by the respondent bank. It is submitted that without issuing the symbolic possession notice, the respondent bank has moved before the Ld. cMM for taking physical possession of the property under section L4 of the SARFAESI Act. The Ld. cMM has stilt noi passed any order under section 14 of the sARFAESI Act. The application under section L7 of the SARFAESI Act can be Rled either after taking symbolic possession under section L4 ofthe sARFAESI Act or after passing of an order under section L4 of the sARFAESI Act for taking physical possession of the propefty. In the present matter neither symbolic possession has been issued nor the order for taking actual physical possession of the subject property has been passed under section L4 of the sARFAESI Act. Therefore, the present SA is premature and is liable to be dismissed. It cannot be kept pending tilt the Ld. cMM pass order under section L4 of the SARFAESI Act.
