This judgment dismisses a writ petition seeking to restrain respondents from initiating SARFAESI proceedings under Section 13 of the Act. The court held that banks are permitted to proceed against secured assets without court intervention and that the remedy lay in challenging measures under Section 17.
Stay granted on 07.01.2015 was vacated.
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
MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938
WP(C).No. 530 of 2015 (M)
PETITIONER(S):
AMBIKA S, KRISHNAKRIPA, PUTHUCHIRA, UMAYANALLOOR, KOLLAM-691 026.
BY ADV. SRI.DILISH JOHN
RESPONDENT(S):
1. THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, HDFC HOUSE, VAZHUTHAKADU, P.B NO.2288, THIRUVANANTHAPURAM - 695 010.
2. THE BRANCH MANAGER, HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, CHINNAKADU BRANCH, KOLLAM - 691 001.
3. VIJAYAN NARAYANAN, SELECTIVE MARINE SERVICE COMPANY, P.B.NO.33726, DUBAI.
R1,R2 BY ADVS. SRI.K.K.CHANDRAN PILLAI (SR.) SMT.S.AMBILY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 530 of 2015 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P-1: TRUE COPY OF THE ORDER DATED 15TH MAY 2012 OF THE FAMILY COURT, KOLLAM. EXT.P-2: TRUE COPY OF THE ORDER IN CRL.M.C.4468/2013
EXT.P-3: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE JFMC II COURT, KOLLAM. EXT.P-4: THE TRUE COPY OF THE FIR REGISTERED BY THE KOTTIYAM POLICE.
RESPONDENT(S)' EXHIBITS
NIL. / TRUE COPY / P.S. TO JUDGE
PJ
A.M. SHAFFIQUE, J.
------------------------------------- W.P.(C) No.530 of 2015
Dated this the 17th day of October, 2016
JUDGMENT
This writ petition is filed seeking for a direction to respondents 1 and 2 to stop further proceedings initiated by them until disposal of O.P.No.572 of 2012 of the Family Court, Kollam.
proceedings against the secured asset in respect of a loan taken by the third respondent. Petitioner appears to have filed O.P.No.572 of 2012 before the Family Court, Kollam seeking various reliefs including compensation and maintenance. Ext.P1 is an order of injunction by which the third respondent was restrained from alienating the property. The main contention urged by the petitioner is that during the pendency of O.P.No.572 of 2012, the Bank should not be permitted to proceed further in the matter.
W.P.(C) No.530 of 2015
-2-
imposed on the Bank as the Bank is proceeding against the property under Section 13 of the SARFAESI Act, 2002, which is a special Act by which the Bank is permitted to proceed against the secured asset without intervention of Court. Petitioner
cannot have any right to restrain the Bank from proceeding in the matter. If at all, she has any right or interest in the property, the remedy is to challenge the measures taken by the Bank invoking Section 17 of the Act.
Writ petition is therefore dismissed.
It is made clear that the stay already granted on
7.1.2015 shall stand vacated.
Sd/A.M. SHAFFIQUE
JUDGE
Scl/17.10.2016
1 issue framed by the court
Whether a writ petition seeking to restrain a bank from initiating proceedings under Section 13 of the SARFAESI Act is maintainable pending a Family Court proceeding.
2 provisions across 1 enactments
AMBIKA S
THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED
THE BRANCH MANAGER, HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED
VIJAYAN NARAYANAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
