https://www.taxtmi.com/caselaws?id=111585 Under the SARFAESI Act, symbolic possession under section 13(4) cannot be converted into actual physical dispossession in a way that renders the borrower's remedy under section 17 ineffective. Section 14, which permits assistance from the Magistrate for taking possession or control of the secured asset, must be read harmoniously with sections 17 and 34 and the enforcement rules, so it cannot be used to defeat pending objections or make statutory adjudication illusory. The High Court treated the borrower's right to challenge enforcement as preserved and held that the physical dispossession adopted by the secured creditor was not justified. The appellate tribunal's contrary view was set aside and restoration of possession was affirmed. en-us Wed, 31 May 2006 00:00:00 +0530 Tue, 24 Apr 2012 12:05:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111585 Under the SARFAESI Act, symbolic possession under section 13(4) cannot be converted into actual physical dispossession in a way that renders the borrower's remedy under section 17 ineffective. Section 14, which permits assistance from the Magistrate for taking possession or control of the secured asset, must be read harmoniously with sections 17 and 34 and the enforcement rules, so it cannot be used to defeat pending objections or make statutory adjudication illusory. The High Court treated the borrower's right to challenge enforcement as preserved and held that the physical dispossession adopted by the secured creditor was not justified. The appellate tribunal's contrary view was set aside and restoration of possession was affirmed. Case-Laws Companies Law Wed, 31 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111585