Petitioner challenging proceedings under Section 14 of SARFAESI Act on grounds of limitation. Court held remedy lies under Section 17 of the Act and dismissed writ petition.
Writ petition dismissed on the ground that the remedy for a barred claim lies under Section 17 of the SARFAESI Act.
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
FRIDAY, THE 10TH DAY OF JUNE 2016/20TH JYAISHTA, 1938
WP(C).No. 19070 of 2016 (G)
PETITIONER(S):
SIVAKUMAR,AGED 50 YEARS, S/O SWAMY ACHARY, MURUGA BHAVAN, PALLITHOTTAM, KOLLAM-691303.
BY ADV. SRI.THYPARAMBIL THOMAS THOMAS
RESPONDENT(S):
THE AUTHORISED & CHIEF MANAGER SYNDICATE BANK REGIONAL OFFICE, HOSPITAL ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-695010.
BY SRI.R.S. KALKURA, SC, SYNDICATE BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 19070 of 2016 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE PASSBOOK IN LOAN A/C NO.45001550000539 OF THE PETITIONER FROM JANUARY, 199 TO 16 SEPTEMBER, 2015. EXHIBIT P2: TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 13(2) OF SARFAESI ACT. EXHIBIT P3: TRUE COPY OF THE POSSESSION NOTICE DATED 19.1.2015 ISSUED BY THE RESPONDENT BANK. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 5.8.2015 IN CMP NO.2336/15 OF CHIEF JUDICIAL MAGISTRATE, KOLLAM. EXHIBIT P5: TRUE COPY OF THE ADVOCATE NOTICE ISSUED BY THE PETITIONER TO RESPONDENT DATED 14.1.2016. RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.19070 of 2016
Dated this the 10th day of June 2016
J U D G M E N T
Petitioner has approached this Court being faced with proceedings under Section 14 of the SARFAESI Act.
Hence this writ petition is dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
2 issues framed by the court
Whether the High Court can adjudicate on the plea of limitation when the claim is barred by limitation under Section 14 of the SARFAESI Act.
Whether the remedy for a barred claim under Section 14 of the SARFAESI Act is to challenge proceedings under Section 17 of the Act.
2 provisions across 1 enactments
SIVAKUMAR
SYNDICATE BANK
A.M.SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
