The Kerala High Court held the writ petition challenging a Section 13(2) notice under the SARFAESI Act to be premature. The petitioner was directed to file a reply within 10 days before further proceedings.
Leaves filed within 10 days to be treated as filed in time; writ petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930
WP(C).No. 7763 of 2008(Y)
PETITIONER:
BASHEER.M. S/O.LATE MOHAMMEDKUNJU KALATHIL HOUSE, KAKAZHAM P.O., ALAPPUZHA DT.
BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON
RESPONDENTS:
CENTRAL BANK OF INDIA ALLEPPEY BRANCH REPRESENTED BY ITS BRANCH MANAGER.
BY ADV. SRIR.AZAD BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J.
W.P.C.No.7763 of 2008
Dated this the 3rd day of April, 2008
JUDGMENT
The challenge in this writ petition is against Ext.P1 notice issued under under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. Under the statute itself petitioner is entitled to file his objections to the notice and on receipt of it, the bank is bound to pass an order under Section 13(3) A of the Act.
The writ petition is disposed of accordingly.
ANTONY DOMINIC, JUDGE
csl
1 issue framed by the court
Whether the writ petition challenging a Section 13(2) notice under the SARFAESI Act is maintainable at this stage without the petitioner filing objections or the bank passing an order under Section 13
2 provisions across 1 enactments
BASHEER.M.
CENTRAL BANK OF INDIA ALLEPPEY BRANCH
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
