https://www.taxtmi.com/caselaws?id=309479 Section 14 of the SARFAESI Act must be read with Sections 13 and 17 and Rules 8 and 9 of the Security Interest (Enforcement) Rules, 2002, so the secured creditor's right to seek Magistrate assistance is not limited by a prior sale certificate. The distinction between symbolic and physical possession was treated as having no controlling significance in the statutory scheme. Where the borrower or occupier remains in de facto possession, the secured creditor may seek actual possession to advance speedy recovery and effective enforcement of security interest. The commentary states that the application under Section 14 was maintainable and physical possession could be taken notwithstanding issuance of the sale certificate. en-us Thu, 30 Jul 2009 00:00:00 +0530 Tue, 05 Sep 2023 15:05:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309479 Section 14 of the SARFAESI Act must be read with Sections 13 and 17 and Rules 8 and 9 of the Security Interest (Enforcement) Rules, 2002, so the secured creditor's right to seek Magistrate assistance is not limited by a prior sale certificate. The distinction between symbolic and physical possession was treated as having no controlling significance in the statutory scheme. Where the borrower or occupier remains in de facto possession, the secured creditor may seek actual possession to advance speedy recovery and effective enforcement of security interest. The commentary states that the application under Section 14 was maintainable and physical possession could be taken notwithstanding issuance of the sale certificate. Case-Laws Indian Laws Thu, 30 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309479