This writ petition challenged SARFAESI proceedings by the respondent Bank regarding retention of title deeds. The Court dismissed the writ, holding that factual disputes about security return and property sufficiency are for the Debt Recovery Tribunal, not this court.
Writ petition dismissed with right reserved to approach the Debt 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
WEDNESDAY, THE 8TH DAY OF JUNE 2016/18TH JYAISHTA, 1938
WP(C).No. 3808 of 2015 (A)
PETITIONER(S):
1. K.V.JANARDHAN PAI, PROPRIETOR, M/S. K.N.G.TEXTILES, GOPALA PRABHU ROAD, ERNAKULAM, KOCHI - 682 035.
2. M/S.PADMASHRI TEXTILES (P) LTD., 59/1043, KRISHNASWAMI ROAD, ERNAKULAM - 682 035, REPRESENTED BY ITS MANAGING DIRECTOR, K.V.JANARDHAN PAI.
BY ADVS.SRI.BECHU KURIAN THOMAS SRI.A.G.ADITYA SHENOY
RESPONDENT(S):
1. RESERVE BANK OF INDIA, SHAHID BHAGAT SINGH MARG, MUMBAI - 400 001, REPRESENTED BY ITS GOVERNOR.
2. M/S.H.D.F.C.BANK LTD., HDFC BANK HOUSE, MUMBAI - 400 013, REPRESENTED BY ITS MANAGING DIRECTOR.
3. M/S.H.D.F.C.BANK LTD., IST FLOOR, S.L.PLAZA, PALARIVATTOM JUNCTION, COCHIN - 682 025, KERALA, REPRESENTED BY ITS BRANCH MANAGER.
4. AUTHORIZED OFFICER, M/S.HDFC BANK LTD., PALARIVATTOM ANNEX, SURABHI BUILDINGS, COCHIN - 68202.
R2-4 BY ADV. SRI.T.RAJESH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 3808 of 2015 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1: | TRUE COPY OF THE LETTER OF ACCEPTANCE OF LOAN ALONG WITH THE TERMS DTD. 30/3/2005 ISSUED BY THE BANK. |
|---|---|
| EXT.P1(A): | TRUE COPY OF THE LETTER OF RECEIPT DTD. 26/10/2005 ISSUED BY THE RESPONDENT TO THE PETITIONER. |
| EXT.P2: | TRUE COPY OF THE LETTER OF ACCEPTANCE OF LOAN ALONG WITH THE TERMS ISSUED BY THE BANK. |
| EXT.P2(A): | TRUE COPY OF THE LETTER OF RECEIPT DTD. 12/3/2008, ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXT.P3: | TRUE COPY OF THE ORDER DTD. 13/4/2010 ISSUED BY THE BANKING OMBUDSMAN IN COMPLAINT NUMBER A/13318/HDFC/7. |
| EXT.P4: | TRUE COPY OF THE ORDER DTD. 3/1/2014 ISSUED BY THE BANKING OMBUDSMAN. |
| EXT.P5: | TRUE COPY OF THE AUDITED STATEMENT OF ACCOUNTS PREPARED BY THE AUDITOR. |
| EXT.P6: | TRUE COPY OF THE LETTER DTDD. 25/1/2014, ISSUED BY THE PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT BANK. |
| EXT.P7: | TRUE COPY OF THE LETTER DTD. 30/4/2014 ISSUED BY THE PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND PETITIONER. |
| EXT.P7(A): | TRUE COPY OF THE REMINDER LETTER DTD. 4/6/2014 ISSUED BY THE PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT. |
| EXT.P8: | TRUE COPY OF THE LEGAL NOTICE DTD. 24/6/2014 CAUSED TO BE ISSUED BY THE PETITIONER TO RESPONDENTS 2 AND 3. |
| EXT.P9: | TRUE COPY OF THE LEGAL NOTICE DTDD. 22/7/2014 ISSUED ON BEHALF OF THE 3RD RESPONDENT. |
| EXT.P9(A): | TRUE COPY OF THE REPLY NOTICE DTD. 3/8/2014 ISSUED ON BEHALF OF THE PETITIONERS. |
| EXT.P10: | TRUE COPY OF THE NOTICE DTD. 3/11/2014 ISSUED BY THE 4TH RESPONDENT. |
| EXT.P11: | TRUE COPY OF THE REPLY NOTICE DTD. 26/12/2014 ISSUED BY THE PETITIONERS TO THE 4TH RESPONDENT. |
PJ
....2/-
..2..
WP(C).No. 3808 of 2015 (A)
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJH
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.3808 of 2015
Dated this the 8th day of June 2016
J U D G M E N T
This writ petition has been filed seeking to challenge the proceedings initiated by the respondent Bank under the SARFAESI Act (hereinafter referred to as 'the Act'). Petitioners specifically challenge Exts.P10 and P12. Ext.P10 is a notice issued under Section 13(2) of the Act calling upon the petitioner to pay Rs.43,58,362.10/-. Ext.P12 is another notice sent in reply to the objections raised by the petitioner. Petitioners also sought for a direction to respondents 2 and 3 to return the petitioners all documents of title provided as security to the loan taken by the petitioner.
W.P.C.No.3808/2015
2
this Court, the Bank had filed a statement wherein it is stated that though the value of the item of property is much more than the amount actually due to the bank, in view of the fact that two items of property are lying as a single compound, release of one item of property will seriously affect the bank.
W.P.C.No.3808/2015
3
be considered by this Court. It shall always be open for the petitioners to approach the Debt Recovery Tribunal and seek for appropriate directions.
In the result, this writ petition is dismissed reserving right of the petitioner to approach the Debt Recovery Tribunal and seek for appropriate directions.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
1 issue framed by the court
Whether the Writ Court can decide factual issues regarding the return of security documents and sufficiency of property sale in SARFAESI proceedings.
1 provisions across 1 enactments
K.V.JANARDHAN PAI
M/S.PADMASHRI TEXTILES (P) LTD.
RESERVE BANK OF INDIA
M/S.H.D.F.C.BANK LTD.
M/S.H.D.F.C.BANK LTD. (PALARIVATTOM)
A.M.SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
