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In the Court of the Chief Judicial Magistrate, Kancheepuram

Present: Thiru. M. Vasantha Kumar, M.L.,

Chief Judicial Magistrate,
Kancheepuram.

Dated at Kancheepuram, this the 21st day of March, 2025

Crl. M.P. No. 85/2025

UNION BANK OF INDIA,

Vadapalani Branch,
T.S.S. Plaza, Old No. 14, New No. 83, Arcot Road,
Vadapalani, Chennai - 600 026.
Represented by Authorized Officer
Mr. Rajesh Khanna. .....Petitioner

- Vs -
K. Antony Raj,
S/o. Kathirvel,
113/114 E, Block Sri Narayani Apartments,
J.S. Nagar Uthukadu, Walajabad,
Kancheepuram District,
Tamil Nadu – 631 605. .....Respondent

This petition having stood over for consideration on the file of this court till
this date finally came up before me on 18.03.2025 in the presence of M/s.
K. Dharaneedharan, K.T. Raajhavelu and P. Jayashree learned counsels for the
petitioner and upon perusing the records and hearing the arguments of the petitioner
this court today deliver the following
ORDER

1. This is a Petition filed by the Petitioner / Secured Creditor Under

Section 14 of the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (hereinafter in short referred as
SARFAESI Act) seeking to appoint an Advocate Commissioner to take possession of
the petition mentioned schedule of property and hand over the same to the Petitioner.
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2. Mr. Rajesh Khanna, duly authorized officer of the Secured Creditor had
represented the Secured Creditor.

3. The respondent/borrower had approached the Petitioner Bank and

availed Housing loan for a sum of Rs. 10,50,000/- [Rupees Ten Lakhs Fifty
Thousand Only] vide Letter of Sanction dated 13.12.2011. As agreed in terms of
Sanction letter, the respondents/borrowers had executed a Loan agreement and
thereafter the amount was disbursed by Secured Creditor. The respondents/borrowers
had executed a letter evidencing deposit of title deeds viz., Sale Deed dated
14.12.2011 vide Document No. 7342/2011 and also executed a Memorandum of
Deposit of Title Deeds dated 05.01.2012 vide Document No. 88/2012 and handed
over the title deeds in respect of the petition mentioned property in favour of the
Petitioner.

4. The respondents/borrower has agreed to repay the above said Housing Loan
as per the terms and conditions mentioned in the Loan agreement. The loan was
periodically revived and the respondents are liable to repay the loan and still the
Mortgage is continue to be in force.

5. The respondents/borrowers failed to repay the said loan either towards

principal or interest or charges thereon. Due to the default committed by the
respondent, the petitioner has classified the respondent account as Non Performing
Assets (NPA) as defined in Section 2(0) of the Act on 29.06.2019.

6. Thereafter the petitioner had issued a demand notice under section 13 (2)
of the SARFAESI Act dated 25.05.2023 to the respondent calling upon them to
discharge the liability which is amounting to Rs. 9,04,442.84/- [Rupees Nine Lakhs
Four Thousand Four Hundred and Forty Two and Eighty Four Paise Only] arising out
of aforesaid agreements, as detailed in the said demand notice within 60 days from
the date of the said notice. The said notice sent through R.P.A.D. and the Postal
Receipt and Postal Tracking Consignment Report are filed along with this petition.
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7. The respondents on receipt of Demand Notice issued under Section 13

(2) of the SARFEASI Act, neither replied to 13 (2) notice nor complied with the
demands made therein and hence the respondents are liable to pay the outstanding
dues as claimed in the 13(2) notices with accrued interest thereon. Thereafter the
possession notice under Section 13 (4) of the SARFAESI Act was issued to the
respondent on 07.09.2023 and also had taken symbolic possession. The said Notice
also published in two leading daily newspapers in “New Indian Express” in English
language and “Dinamani” in Tamil language dated 08.09.2023. Hence the petitioner
bank had initiated recovery proceedings to recover the aforesaid secured debt due
from the respondents by way of taking possession and sale of the secured asset. The
Petitioner/Secured Creditor has apprehension that the respondents/and their men,
agents, servants may prevent the Authorized Officer of the Petitioner/Secured
Creditor from enter into the schedule property, and the same may cause breach of
peace as the respondents have proclaimed that if anybody from the Petitioner/Secured
Creditor approaches them to take possession of the schedule of property will be
threatened with dire consequences. In view of the proclamation, the respondent will
not handover peaceful possession of the said Schedule of property to the Petitioner/
Secured Creditor and therefore the assistance of the Police while taking possession of
the mortgaged property is necessary in the instant case.

8. The Petitioner/Secured Creditor submits that the respondent/borrower

has not obtained any order of stay against the Secured Creditor for taking possession
of the Schedule of Property or any proceedings are pending before the D.R.T. or any
other forum pertaining to the borrower. Hence this petition.

9. Now the Point for determination is whether the petitioner/Bank is entitled

to the relief sought for in the petition.

On the side of the Petitioner, the Chief Manager Mr. Rajesh Khanna, was
examined as P.W. 1 and through him Ex. P-1 to P-15 are marked.
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In the case on hand, the petitioner/Bank has produced copy of Loan

agreement, Original Sale deed and M.O.D.T. Documents, copy of Demand Notice
under Section 13(2) notice dated 25.05.2023 and Copy of Possession Notice under
Section 13(4) dated 07.09.2023 along with the Postal Receipt. Effected Paper
Publication, Mortgage Documents and other connected documents establish that the
respondents have availed financial services by way of loan from the petitioner Bank.
Statement of Accounts reveals that the respondents are failed to repay the loan
amount as per the terms and conditions which resulted in classifying their loan
account as Non Performing Asset. The Petitioner has proved that the Petitioner
mentioned schedule properties are hypothecated in favour of the Petitioner/Secured
Creditor. Mortgage Deed and Encumbrance certificate produced by the petitioner
shows that the respondent has mortgaged the petition mentioned property. The
evidence of P.W. 1 establishes that there is no stay pending against the petitioner
from dealing with the mortgaged property.

10. Standard Chartered Bank -vs- Noble Kumar and others

reported in 2013 CTC 6 683: 2013 (5) LW 97
The Hon’ble Supreme Court held that there is no adjudication of any kind at the stage
of application filed under Section 14 of SARFAESI Act and the authority acting
under the above provision is not required to give notice either to the borrower or to
the third party.

11. In Techno Builders and others //VS// Canara Bank and Others
(MANU/TN/9525/2019)
Our Hon'ble Madras High Court held that : “In the considered opinion of this Court,
Section 14 of the SARFAESI Act did not contemplate any notice of hearing/objection
from the Borrowers and as such there may not be any necessity of affording
opportunity of personal hearing to the Borrowers/Petitioners and that apart though it
is the claim of the petitioner that the appeal is pending against recovery proceedings,
there is no interim order in operation and in the absence of the same, it is always open
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to the 2nd respondent to proceed further in accordance with law while dealing with the
application filed under Section 14 of the SARFAESI Act by the 1st respondent”
There is a catena of decisions of the Hon’ble Apex Court and our Madras High
Court stating that in an application under Section 14 of the SARFAESI Act, no notice
is required to be issued to the respondents/borrowers. In view of the above Judicial
Precedents, this court feels that Section 14 is procedural in nature and merely
empowers this court to assist the Petitioner/secured creditor in taking possession of
the secured assets and no notice is required to be issued to the respondents. The
Petitioner has made out a conclusive case to show that the respondents are defaulters
and not repaid the loan amount and there is no stay against the petitioner to deal with
the secured asset. For all the above observations, this petition is allowed.

In the result this petition is allowed and Advocate M/s. P. Mugesh, Enrollment
No. Ms. 8093/2023, Mobile No. 8270909454 is hereby appointed as Advocate
Commissioner to take possession of the petition mentioned property and hand over
the same to the petitioner and to file a report within one month. At the time of taking
possession if necessary, Advocate Commissioner can get the Police assistance/
Protection from the Walajabad Police Station for taking possession and Break open
(if warranted), without approaching this court separately for such purpose. Video
Shooting and Photography are allowed during the Panchanama and Inventory of the
Properties. The Commissioner's remuneration is fixed at Rs.20,000/-. The Petitioner
is hereby directed to pay 50% of the remuneration namely Rs. 10,000/- directly to the
Advocate Commissioner within 7 days from today. The remaining remuneration will
have to be paid by the petitioner to the Advocate Commissioner at the time of filing
his report. Report of the Advocate Commissioner by 22.04.2025.

Dictated by me to the Steno-typist, typed by her directly on computer, Corrected

and pronounced by me in Open Court on this the 21st day of March 2025.
Digitally signed by
M M VASANTHA
VASANTHA KUMAR
Date: 2025.03.21
KUMAR 18:34:56 +0530

Chief Judicial Magistrate,

Kancheepuram.
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SCHEDULE OF PROPERTY
UDS of 434 Sq. Ft all the piece and parcel of land bearing Plot Nos. 113 & 114
measuring to an extent of 3600 Sq.ft in DTCP approved layout No. 9/2004 named as
J.S. Nagar, comprised in Survey No. 628/4 situated at Old No. 112, New No. 92,
Uthukkadu Village, Walajabad Panchayat Union, Kanchipuram District and bounded
on the,

District and Bounded on the:

North by : Plot Nos. 96 & 97,
South by : J.S. Nagar 1st Main Road,
East by : Plot No. 115,
West by : Plot No. 112.

And building thereon (Residential Apartments bearing Flat No. E, First Floor,
Plinth Area, 744 Sq.ft) and lying within the Registration Sub-District of Walajabad.

List of Petitioner side Evidence :

P.W. 1 – Mr. Rajesh Khanna,

List of Petitioner side Exhibits :

Exhibits Date Description of Documents Nature
Ex. P-1 - Employee Identity Card Copy
Ex. P-2 23.09.2024 Authorization Letter Copy
Ex. P-3 12.12.2011 Loan Application Copy
Ex. P-4 13.12.2011 Loan Sanction Letter Copy
Ex. P-5 14.12.2011 Loan Agreement Copy
Ex. P-6 14.03.2011 Sale Cum Construction Agreement Copy
Ex. P-7 14.12.2011 Sale Deed Vide Document No. 7342/2011 Copy
Ex. P-8 05.01.2012 Memorandum of Deposit of Title Deeds Vide Copy
Document No. 88/2012
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Ex. P-9 25.05.2023 Demand Notice U/s. 13(2) of SARFAESI Act Copy
along with the Postal receipt and Postal
Tracking Consignment Report
Ex. P-10 07.09.2023 Possession Notice U/s. 13(4) of SARFAESI Copy
Act along with Postal Receipt.
Ex. P-11 - Photos of affixing possession notice Copy
Ex. P-12 08.09.2023 Paper Publication of Possession notice in Copy
English language ‘New Indian Express’
Ex. P-13 08.09.2023 Paper Publication of Possession notice in Copy
Tamil language
‘Dinamani’
Ex. P-14 20.09.2024 Statement of Account for the period from Copy
14.12.2011 to 19.09.2024
Ex. P-15 08.10.2024 Encumbrance Certificate Copy
M Digitally signed by M
VASANTHA KUMAR
VASANTHA Date: 2025.03.21
KUMAR 18:35:04 +0530

Chief Judicial Magistrate,

Kancheepuram.