Petitioners challenged a notice under Section 13(4) of the SARFAESI Act and alleged negligence causing loss. The Court held that negligence claims lie in civil courts, remedies against SARFAESI notices lie with the Tribunal, and without an offer to pay, writ jurisdiction is not exercised.
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
TUESDAY, THE 9TH DAY OF AUGUST 2016/18TH SRAVANA, 1938
WP(C).No. 19988 of 2015 (W) ----------------------------
PETITIONER(S):
1. IBRAHIMKUTTY.V.V. S/O ABDULLA,AGED 52 YEARS, BAITHUR FALLEELI, NEAR SREEKRISHANA TEMPLE, ERIPURAM PO, PAYANGADI
2. FATHIMA K.P.P
BY ADV. SRI.M.V.AMARESAN
RESPONDENT(S):
1. THE MANAGER, KERALA GRAMIN BANK PAYANGADI BRANCH, PO PAYANGADI, KANNUR DISTRICT PIN-670 134
2. AUTHORISED OFFICER KERALA GRAMIN BANK, REGIONAL OFFICE, KANNUR DISTRICT 670 001
3. KERALA GRAMIN BANK, REPRESENTED BY ITS CHAIRMAN, HEAD OFICE, MALAPPURAM 6786 505
R1-R3 BY ADV. SRI.T.R.RAVI, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 19988 of 2015 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1: TRUE COPY OF THE RELEVANT NEWS PUBLISHED IN MALAYALA MANORAMA IN VERNACULAR DATED 27/3/2015.
EXT.P1(A): TRUE COPY OF THE RELEVANT NEWS PUBLISHED IN DESGHABIMANI DATED 27/3/2015.
EXT.P1(B): TRUE COPY OF THE RELEVANT NEWS PUBLISHED IN MATHYAMAM DATED 27/3/2015.
EXT.P2: TRUE COPY OF THE REGISTERED LAWYER NOTICE DATED 25/5/2015 SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDNET.
EXT.P3: TRUE COPY OF REPLY THROUGH ADV. M.J. SEBASTIAN DATED 02/06/2015 SENT BY THE 1ST RESPONDENT TO THE PETITIONERS.
EXT.P4: TRUE COPY OF NOTICE DATED 12/6/2015 ISSUED BY THE 2ND RESPONDENT WHICH WAS PUBLISHED IN MALAYALAM MANORAMA IN VERNACULAR DATED 14/06/2015.
EXT.P5: TRUE COPY OF R.T.I. REQUEST NIL DATED SUBMITTED BY THE PETITIONER TO 1ST RESPONDNET.
EXT.P6: TRUE COPY OF AUCTION SALE NOTICE DATED 25.07.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.
EXT.P6(A):TRUE COPY OF COVERING LETTER TO SALE NOTICE DATED 25.07.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.
RESPONDENT(S)' EXHIBITS NIL
/TRUE COPY/
P.S.TO JUDGE
K.V.
A.M. SHAFFIQUE, J.
------------------------------------- W.P.(C) No. 19988 of 2015
Dated this the 9th day of August, 2016
JUDGMENT
This writ petition has been filed challenging Ext.P4 notice issued by the respondent Bank under Section 13 (4) of the SARFAESI Act.
W.P.(C) No. 19988 of 2015
Accordingly, this writ petition is dismissed.
Sd/-
A.M. SHAFFIQUE JUDGE
Scl/09.08.2016
3 issues framed by the court
Whether the High Court can decide liability for damages due to bank negligence in a writ petition.
Whether the remedy against a notice issued under Section 13(4) of the SARFAESI Act lies in this Court or the Tribunal.
Whether this Court can exercise jurisdiction when the petitioners have not offered to pay any amount.
1 provisions across 1 enactments
IBRAHIMKUTTY. V.V.
FATHIMA K.P.P
THE MANAGER, KERALA GRAMIN BANK PAYANGADI BRANCH
AUTHORISED OFFICER KERALA GRAMIN BANK
KERALA GRAMIN BANK
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
