The High Court dismissed the writ appeal challenging the non-interference with SARFAESI Act proceedings. The court held that the appropriate forum for recovery disputes is the Debt Recovery Tribunal.
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 HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY &
THE HONOURABLE MR. JUSTICE V.GIRI
TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930
WA.No. 115 of 2009()
-------------------{IN WPC.15848/2008 OF THIS COURT}
APPELLANT(S):
BY ADV. SRI.C.RAJENDRAN
RESPONDENT(S):
R1 & 2 BY ADV. SRI.R.S.KALKURA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.B. KOSHY, Ag.C.J. &
V.GIRI, J.
C.M.Application No.58 of 2009
& W.A.No.115 of 2009
Dated this the 20th day of January, 2009.
JUDGMENT
Koshy, Ag.C.J.
C.M.Application No.58 of 2009
For the reasons stated in the accompanying
affidavit, the delay is condoned.
W.A.NO.115 OF 2009
The learned Judge did not interfere with the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. He allowed the payment of the amount due in instalments. The appellants/petitioners did not pay the amount as directed. The appellants/petitioners are aggrieved by the order passed under the SARFAESI Act. It is for the appellants/petitioners to approach the Debt
Recovery Tribunal.
W.A.NO.115/09
:: 2 ::
Without prejudice to that right, this appeal is
dismissed.
Sd/( J.B. KOSHY)
ACTING CHIEF JUSTICE
Sd/- (V.GIRI) JUDGE
sk/
//true copy//
P.S. to Judge
1 issue framed by the court
Whether the writ petition challenging the SARFAESI Act proceedings should be allowed or dismissed.
K.SHYLASREE VADAKKETHALACKAL
T.B. NATARAJAN
STATE BANK OF TRAVANCORE
J.B. KOSHY
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
