Dismissed

Aleema Ameen v. Central Bank of India

Kerala HC19 Jan 2016WP(C)/32/2016

Case brief

AI extract

What is this about?

The High Court of Kerala held that factual disputes regarding outstanding liability figures cannot be examined in writ proceedings under Article 226. The petitioner was relegated to the alternate remedy of approaching the Debt Recovery Tribunal.

What did the court decide?

Stay on recovery action pursuant to Exts.P5 and P6 notices for three weeks to enable approach to Debt Recovery Tribunal.

Aleema Ameen Vs Central Bank of India — Banking and Recovery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 19TH DAY OF JANUARY 2016/29TH POUSHA, 1937

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WP(C).No. 32 of 2016 (D)

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PETITIONER(S):

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ALEEMA AMEEN, AGED 42 YEARS, W/O.MUHAMMED SHAFI AL AMEN, RESIDING AT SNEHATHEERAM, KURAKKANNI, VARAKALA P.O., PIN-695 141, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS SRI.MALLENATHAN.M. SRI.ANEESH JAMES SRI.ANIL R.NATH SRI.KANDAMPULLY VIKRAM SMT.KRISHNA SANTHOSH

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RESPONDENT(S):

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1. THE AUTHORISED OFFICER (ASST.GENERAL MANAGER), CENTRAL BANK OF INDIA, REGIONAL OFFICE, PB NO.98, GOPAL BUILDINGS, THYVILA ROAD, THIRUVANANTHAPURAM-695 001.

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2. THE CENTRAL BANK OF INDIA, REPRESENTED BY THE REGIONAL MANAGER, REGIONAL OFFICE, P.B.NO.98, GOPAL BUILDINGS, THYVILA ROAD, THIRUVANANTHAPURAM-695 001.

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BY SRI.K.M.ANEESH, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1. A TRUE COPY OF THE JUDGMENT OF THIS HONOURBALE COURT IN WPC NO.1652/2014 DATED 22/1/2014.

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EXT.P2. A TRUE COPY OF THE COMPLAINT IN MC NO.737/2014 FILED BY THE 1ST RESPONDENT

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EXT.P3. A TRUE COPY OF THE RECEIPT DATED 9/4/2015 ISSUED BY THE 2ND RESPONDENT BANK

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EXT.P4. A TRUE COPY OF THE REPRESENTATION DATED 22/4/2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

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EXT.P5. A TRUE COPY OF THE ORDER DATED 28/11/2015 OF CJMC, THIRUVANANTHAPURAM.

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EXT.P6. A TRUE COPY OF THE E-AUCTION SALE NOTICE DATED 14/12/2015 ISSUED BY THE 1ST RESPONDENT

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EXT.P1. A TRUE COPY OF THE E-AUCTION SALE NOTICE DATED 14/12/2015 ISSUED BY THE 1ST RESPONDENT

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No. 32 of 2016

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===================================================== Dated this the 19^th day of January, 2016

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JUDGMENT

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The petitioner, who is aggrieved by the steps taken by the respondent bank under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the 'SARFAESI Act', for recovery of defaulted loan amount, disputes the figures furnished by the respondents with regard to the outstanding liability. Inasmuch as these are factual aspects, which cannot be gone into by this Court in proceedings under Article 226 of the Constitution of India, I am of the view that the interest of justice would be served by relegating the petitioner to the alternate remedy of approaching the Debt Recovery Tribunal through appropriate proceedings challenging the action of the respondent bank. Accordingly, I stay recovery action pursuant to Exts.P5 and P6 notices, for a period of three weeks from the date of receipt of a copy of this judgment, so as to enable the petitioner to workout his remedy before the Debt Recovery Tribunal.

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The writ petition is disposed as above.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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das /19.01.2016

Aleema Ameen v. Central Bank of India

Case brief

What is this about?

What did the court decide?

Aleema Ameen v. Central Bank of India

Case brief

What is this about?

What did the court decide?

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