The order of Reference dated September which has occasioned the constitution of a larger Bench has been passed by learned Single Judge after having noticed the divergent opinions expressed by ... two Division Benches of this Court in Sushila Steels Vs Union Bank of India and others Special Appeal No of decided on and Aum Jewels and others Vs Vijaya Bank Writ-C No of decided on on the question whether an application under Section of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act for short 'the Act' at the instance of a borrower is maintainable even before physical actual possession of the secured assets is taken by the Bank FIs in exercise of its powers under Section thereof read with Rule of the Security Interest Enforcement Rules for short the Rules

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