This writ petition seeking recovery of sale consideration was dismissed. The court held that the petitioner must approach the Debts Recovery Tribunal for orders setting aside the sale rather than approaching the High Court via writ petition, rendering the writ petition not maintainable.
WP dismissed and petitioner directed to approach Debts Recovery Tribunal.
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 26TH DAY OF JULY 2016/4TH SRAVANA, 1938
WP(C).No. 23234 of 2016 (D)
PETITIONER :
SHIJI.T., S/O. IYPPACHAN, THEKKEL HOUSE, THACHAMPARA, PALAKKAD DIST.
BY ADV. SMT.E.V.MOLY
RESPONDENT :
FEDERAL BANK LTD., FEDERAL TOWERS, MARINE DRIVE, ERNAKULAM - 682 031, REP. BY ITS AUTHORIZED OFFICER.
BY ADVS. SRI.LAWRENCE D'CUNHA SRI.MATHEW BONSTANE SRI.T.G.PAUL SRI.MATHEW JACOB (KUNNATHU) SRI.GODWIN JOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 23234 of 2016 (D)
APPENDIX
PETITIONER(S)' EXHIBITS --------------------------------------P1 TRUE COPY OF THE SALE CERTIFICATE DT. 04.5.2015.
RESPONDENT(S)' EXHIBITS: NIL -----------------------------------------
/TRUE COPY/
P.S.TO JUDGE
sts
A.M. SHAFFIQUE, J.
=============== W.P. (C) No. 23234 of 2016
==================
Dated this, the 26th day of July, 2016
J U D G M E N T
This writ petition is filed seeking for a direction to the respondent Bank to return the sale consideration of `31,00,999/deposited by the petitioner with interest @16% and cost.
If at all the petitioner requires any orders for setting aside the sale, it shall be open for the petitioner to approach the Tribunal in the pending proceedings and seek necessary
W.P(C) No.23234/16
-:2:-
directions. This writ petition is not maintainable and is hence dismissed.
Sd/- A.M. SHAFFIQUE, JUDGE
Rp26/07/2016
//True Copy//
P.S to Judge
1 issue framed by the court
Whether a writ petition challenging the sale proceeds under SARFAESI Act is maintainable when an application to set aside the sale is pending before the Debts Recovery Tribunal.
SHIJI.T.
FEDERAL BANK LTD.
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
