The High Court dismissed a writ petition challenging a possession notice issued under the SARFAESI Act. The Court held that it cannot interfere with proceedings under Section 13(2) and the petitioner has a statutory remedy under Section 13(4).
The writ petition is dismissed; no order is required.
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 A.M.SHAFFIQUE
MONDAY, THE 5TH DAY OF NOVEMBER 2012/14TH KARTHIKA 1934
WP(C).No. 8907 of 2007 (I)
PETITIONER(S):
GEORGE PAULOSE, 54 YEARS, S/O.PYLEE GEORGE, "MARY KRIPA", SAHYADRI COLONY R.P.ROAD, CHANDRA NAGAR, PALAKKAD.
BY ADVS.SRI.A.F.SEBASTIAN SMT.A.P.ABHIRAMI
RESPONDENT(S):
1. THE AUTHORISED OFFICER, CORPORATION BANK, 11/1447, MARKET ROAD, PALAKKAD- 678 014.
2. THE RESERVE BANK OF INDIA, REP.BY ITS GOVERNOR, CENTRAL OFFICE MUMBAI- 400 001.
3. UNION OF INDIA, REP. BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF BANKING AFFAIRS, CENTRAL SECRETARIAT NEW DELHI.
R2 BY ADV. SRI.P.JACOB VARGHESE,SC, RBI R3 BY SRI.P.PARAMESWARAN NAIR, ASG BY ADV. SRI.V.E.ABDUL GAFOOR, ADDITIONAL CGSC
BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJL
WP(C).No. 8907 of 2007 (I)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | : | A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT. |
|---|---|---|
| EXT.P2 | : | A TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE 1ST RESPONDENT'S BANK |
| EXT.P3 | : | LAWYER NOTICE ISSUED BY THE PETITIONER. |
| EXT.P4 | : | PETITION SUBMITTED TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. |
| EXT.P5 | : | RECEIPT ISSUED BY THE 2ND RESPONDENT. |
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P A TO JUDGE
MJL
A.M.SHAFFIQUE, J
*** * * * * * * * * * * * *** W.P.C.No.8907 of 2007
Dated this the 5th day of November 2012
J U D G M E N T
No representation for the petitioner.
Hence the writ petition is dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
2 issues framed by the court
Whether the High Court can interfere with proceedings taken by the authorised officer under Section 13(2) of the SARFAESI Act.
Whether a statutory remedy under Section 13(4) of the Act precludes writ jurisdiction.
2 provisions across 1 enactments
George Paulose
The Authorised Officer, Corporation Bank
The Reserve Bank of India
Union of India
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
