Writ petition challenging sale of defaulter's property under SARFAESI Act dismissed. Court held petitioner's father, the actual defaulter, was alive and able to challenge; son is not a person aggrieved. Discretionary jurisdiction under Article 226 not invoked after six years of sale.
Writ petition was dismissed.
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.MUHAMED MUSTAQUE
THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937
WP(C).No. 6186 of 2014 (W)
PETITIONER(S):
--------------
LIMSON A.F., AGED 30 YEARS, S/O.A.V.FRANCIS, EDAKULATHUR (H), VENKIDANGU P.O., THRISSUR.
BY ADV. SRI.L.RAJESH NARAYAN.
RESPONDENT(S):
--------------
1. THE AUTHORISED OFFICER, UCO BANK, SWARAJ ROUND (EAST), TRICHUR-680 001.
2. BYJU T.,
3. SUB REGISTRAR, SUB REGISTRAR OFFICE, VENKITANGU-680 510.
BY SRI.GEORGE KARITHANAM VARGHESE, SC, UCO BANK, R2 BY ADV. SRI.VINAY RAMDAS & BY GOVERNMENT PLEADER SMT.M.T.SHEELA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 6186 of 2014 (W)
APPENDIX
| PETITIONER(S)' -------------- EXHIBIT-P1: |
EXHI ----- TRUE |
BITS ----- COPY |
: OF THE LOCATION SKETCH. |
|---|---|---|---|
| EXHIBIT-P2: | TRUE 16.7. |
COPY 2012. |
OF THE NOTICE ISSUED UNDER SECTION 13(2) DATED |
| EXHIBIT-P3: | TRUE | COPY | OF THE REPLY TO ANNEXURE A1, DATED 16.9.2012. |
| EXHIBIT-P4: | TRUE | COPY | OF THE REPRESENTATION DATED 30.10.2012. |
| EXHIBIT-P5: | TRUE 13(4) |
COPY . |
OF THE NOTICE DATED 14.12.2012 ISSUED UNDER SECTION |
| EXHIBIT-P6: | TRUE | COPY | OF THE PUBLICATION DATED 18.12.2012. |
| EXHIBIT-P7: | TRUE | COPY | OF THE VALUATION REPORT DATED 3.10.12. |
| RESPONDENT(S)' -------------- |
EXHI ----- |
BITS ----- |
: |
| ANNEXURE-1: | TRUE DATED |
PHOT 17/1 |
OSTAT COPY OF THE JUDGMENT IN WP(C) NO.25844/2008 0/2008. |
| ANNEXURE-2: | TRUE NO.12 |
PH 10/20 |
OTOSTAT COPY OF THE ORDER DATED 14/11/2008 IN RP 08. |
| ANNEXURE-3: | TRUE NO.38 |
PHOT 022/2 |
OSTAT COPY OF THE JUDGMENT DATED 26/12/2008 IN WP(C) 008. |
| EXHIBIT R2(A): | SALE (6) O SECUR ENFOR |
CERTI F TH ITISA CEMEN |
FICATE ISSUED BY THE AUTHERISED OFFICER UNDER RULE 9 E SECURITY INTEREST (ENFORCEMENT), RULE, 2002 OF THE TION AND RECONSTRUCTION OF FINANCIAL ASSETS AND T OF SECURITY INTEREST ACT, 2002. |
/TRUE COPY/
P.A.TO JUDGE
RVS.
A. MUHAMED MUSTAQUE, J.
W.P(C). No. 6186 of 2014
Dated this the 30th day of July, 2015
J U D G M E N T
The petitioner is a son of one Sri.A.V.Francis. Petitioner has approached this Court challenging the sale proceedings of the property belonging to Sri.A.V.Francis.
respondent Bank and property was put into auction and sold in the year 2009.
2
WP(c). No.6186 of 2014
certificate has been issued on 26.12.2009.
Accordingly, this writ petition is dismissed.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
Pn
2 issues framed by the court
Whether the son of a defaulter is a person aggrieved to challenge the sale proceedings of the defaulter's property under the SARFAESI Act.
Whether the writ court can exercise discretionary jurisdiction to invoke relief six years after the sale was confirmed and certificate issued.
LIMSON A.F.
THE AUTHORISED OFFICER, UCO BANK
BYJU T.
SUB REGISTRAR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
