Is taking physical possession of a secured asset an independent and separate measure not connected to the sale of the asset?

Last updated: 04 December 2020

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Quick Summary

This High Court case examines whether the act of taking physical possession of a secured asset is an independent legal action, separate from the eventual sale of that asset. The petitioners challenged an order that refused to stay a District Magistrate's direction for assistance in obtaining physical possession. The Debts Recovery Tribunal had previously set aside an auction sale and later refused to halt the possession proceedings, prompting this revision petition.

Court :
High Court Madras

Brief :
The petitioners have prayed for setting aside the order of the Debts Recovery Tribunal - I, Chennai dated 27.10.2020 in IA.No.527 of 2020 in SA.No.142 of 2020.

Citation :
CRP (PD) No.2037 of 2020 & CMP.No.12816 of 2020

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