Rights of Purcahser

Bank can file an application under Section 14 to the Magistrate to take possession of the property. 

14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.-(1) Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him—

 (a) take possession of such asset and documents relating thereto; and

 (b) forward such asset and documents to the secured creditor.

(2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary.

(3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority.

No Sir,

my query is that the bankers (secured creditors) had already obtained the collector order for taking over the possession of the house property and however the same was not executed and in the mean time the auction sale was concluded with the condition of "as is where and as is what condition" basis and in this scenario the request of the purchaser for the delivery of vacant possession of the property be refused by the bankers and also whether the purchaser of the property can execute the collector order with the help of revenue officials and police; because when ARCIL can do it why can the subsequent purchaser. kindly clarify

Mr .Nagarajan, You are only revolving  around the same query without any much clarity with more additional facts.You have to specify precisely who is the purchaser? who is the secured creditor?  what are his grievances ? how his rights are affected? What is order you are speaking about? The  factual matrix of the case is not clear.