AUTHORIZED OFFICER, AXIS BANK LTD. Vs. REJI PAULOSE

JUDGEMENT

(1.) The petitioner - a secured creditor, approached the Special Additional Chief Judicial Magistrate (for the trial of criminal cases against sitting and former MPs/MLAs of Kerala), Ernakulam by filing an application under Sec. 14 of the SARFAESI Act, seeking assistance for taking physical possession of the secured asset, when a default was committed by the borrowers.

(2.) The learned ACJM, after verifying the affidavit filed by the petitioner and after being satisfied that all the statutory requirements have been complied with, as per Ext.P1 order, ordered taking possession of the secured asset with the aid of an Advocate Commissioner. Thereafter, the matter was posted to 4/3/2026 and on that day, the learned ACJM passed Ext.P2 order referring the case for mediation. It is challenging Ext.P2 order, the secured creditor has approached this Court by filing this writ petition.

(3.) Heard the learned counsel for the petitioner. Even though the respondents were served, there is no representation for them.