DM Empowered To Re-Execute Possession Orders Under SARFAESI If Borrower Illegally Re-Enters Property: Madhya Pradesh High Court

In a recent judgment, the Madhya Pradesh High Court at Gwalior, comprising Justice Anand Pathak and Justice Hirdesh, directed the State authorities to assist Capri Global Housing Finance Ltd., a secured creditor, in dispossessing a borrower who had illegally reentered a mortgaged property, despite a prior possession order under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (commonly known as the Securitization Act). Facts…