Writ petitioner challenged SARFAESI proceedings. Bank admitted petitioner 's name was mistakenly inserted in the demand notice and no contract existed with him. Court held petitioner was not interested in the subject matter and closed the petition.
This O.P (DRT) is closed taking on record the statement made by the Bank.
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
THURSDAY, THE 28TH DAY OF JULY 2016/6TH SRAVANA, 1938
OP (DRT).No. 66 of 2016 (O)
ORDER DATED 25-04-2016 IN SA 171/2016 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S)/APPLICANT:
NAWAB WAJID,
AGED 26 YEARS, S/O.ABDUL WAJID, PANICHITHAYIL HOUSE, PUNNAYOOR DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 679 562.
BY ADVS.SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
SRI.M.A.AHAMMAD SAHEER
RESPONDENT(S)/DEFENDANTS:
1. THE BRANCH MANAGER, HOUSING DEVELOPMENT FINANCE CORPORATION LTD., GURUVAYUR BRANCH, RV TOWER, EAST NADA, GURUVAYUR,PIN - 680 101.
2. THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LTD., HDFC HOUSE, POST BAG NO. 1667, RAVIPURAM JUNCTION, MG ROAD, ERNAKULAM, KOCHI - 682 015.
BY ADVS. SRI.K.K.CHANDRAN PILLAI (SR.) SMT.S.AMBILY SMT.ELSA DENNY PINDIS SRI.K.V.KRISHNAKUMAR SRI.ABILASH THOMAS
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 28-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
OP (DRT).No. 66 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
A.M.SHAFFIQUE, J.
O.P.(DRT).No.66 of 2016
----------------------------------- Dated this the 28th day of July, 2016
J U D G M E N T
This original petition is filed by the petitioner challenging the SARFAESI proceedings initiated against the petitioner.
In the said circumstances, the petitioner being a person who is not interested in the subject matter, there is nothing to be decided in the matter. Taking on record the statement made by the Bank, this O.P(DRT) is closed.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV
2 issues framed by the court
Whether the original petition can be decided given the petitioner 's signature on the demand notice was erroneous ?
Whether the petitioner is a person interested in the subject matter to be dismissed since no contract exists with the petitioner
Nawab Wajid
The Branch Manager, Housing Development Finance Corporation Ltd., Guruvayur Branch
The Authorised Officer, Housing Development Finance Corporation Ltd., Kochi
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
