HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO. 13538 OF 2010 Between: M/s Sagar Textiles Industries represented by the Prop Mr. Shaik Osman and one another ..... PETITIONERS AND 1. Vijaya Bank represented by its Branch Manager and one another .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Mandamus declaring the action of the respondents in taking over the possession of the immovable property bearing H.No. 22-4-452 admeasuring an area of 100 sq.yards situated at Kotla Allihaj, Hyderabad, as illegal and contrary to the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(for short “SRFAESI Act”). Sri E. Madan Mohan Rao, appearing for the respondents filed a counter and fairly conceded that the Bank has initiated proceedings under Section 13(2) of the SRFAESI Act by issuing notice dated 10.8.2009. It is stated that under Section 13(4) of the SRFAESI Act notice is yet to be served. As there was resistance from the petitioners, the respondent-Bank was constrained to file a petition in Crl.M.P.No. 529 of 2010 before the Chief Metropolitan Magistrate, Hyderabad under Section 14 of the SRFAESI Act and the court below passed an order dated 23.3.2010 to take physical possession of the property and handover the same to the Bank. For ready reference Section 14 of the SRFAESI Act, reads as under: “14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset- (1) Where the Possession of any secured assets is required to be taken by the secured creditor or if any of the secured assets is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him- (a) take possession of such asset and documents relating thereto; and (b) forward such assets and documents to the secured creditor. (2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate of the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority.” On a plain reading of the above section, it is clear that the Chief Metropolitan Magistrate is empowered to issue notice to take possession of such asset and documents relating thereto and forward such assets and documents to the secured creditor. As the petitioners have not repaid the loan amount as per the terms of the loan agreement, the Bank has initiated proceedings under Section 13(2) of the SRFAESI Act. When there was resistance from the petitioners, the Bank was constrained to file a Crl. M.P. No. 529 of 2010 before the Chief Metropolitan Magistrate, Hyderabad, under Section 14 of the SRFAESI Act, praying the Court to take physical possession of the secured assets and Court below has rightly passed an order dated 23.3.2010 and appointed an advocate to take possession of the mortgaged property bearing H.No. 22-4-452 measuring 100 square yards situated at Kotla Alijah, Hyderabad. The Bank is at liberty to take measures under Section 13(4) of the SRFAESI Act together with Rule 8 of the Security Interest (Enforcement) Rules, 2002, and hence, we do not find any reason to interfere with the order passed by the court below. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ GHULAM MOHAMMED, J ____________________________ RAMESH RANGANATHAN , J DATE: 30.06.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.