CAPTAIN JAMES JOSEPH Vs. T G PRABHAKARAN

JUDGEMENT

(1.) THE petitioner has approached this Court stating that the order passed by this Court on 8th June, 2009 has been violated by the respondents by taking over the physical possession of the residential building, which in fact was intercepted by this Court while permitting the bank to proceed with the sale scheduled on 18.06.2009, making it clear that, physical possession could be taken only subject to further orders to be obtained from this Court.

(2.) THE case of the petitioner is that, in spite of satisfaction of substantial amount towards the liability by the petitioner, the same has been simply given a go-bye and the Bank filed a petition before concerned Chief Judicial Magistrate under Section 14 of the SARFAESI Act for taking over the physical possession of the property/building, getting an Advocate Commissioner appointed; finally leading to taking over the possession of the property.