Court directed further dispossession steps by the bank to stand in abeyance for ten days, allowing the petitioner to explore remedy at the Debts Recovery Tribunal regarding a dismissed SARFAESI Act application.
Further steps subsequent to notice by Advocate Commissioner kept in abeyance for ten days.
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.K.JAYASANKARAN NAMBIAR
MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937
WP(C).No. 633 of 2016 (D)
PETITIONER :
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VENUKUMAR K.
S/O. KESAVAN NAMBOODIRI, MARUTI, WEST FORT, ANAKOTTIL STREET, THIRUVANANTHAPURAM NOW RESIDING AT 103, REMYA REGENCY, F4 CROSS, 10TH MAIN, NEAR BWSSB WATER TANK, BANGALORE - 560 075.
BY ADV. SMT.VIJAYAKUMARI
RESPONDENTS:-:
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1. STATE BANK OF INDIA REPRESENTED BY THE BRANCH MANAGER, P.B.BRANCH, THIRUVANANTHAPURAM - 695 001.
2. THE AUTHORIZED OFFICER, ASSISTANT GENERAL MANAGER, RACPC BRANCH, STATE BANK OF INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695 001.
R1 & R2 BY SRI.R.S.KALKURA, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 633 of 2016 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: THE COPY OF LOAN REPAYMENT CHART. EXHIBIT P2: THE COPY OF ADVOCATE COMMISSIONER'S NOTICE DATED 02.12.2015.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C) No.633 of 2016
JUDGMENT
The petitioner, who is faced with steps for dispossession under the SARFAESI Act submits that, although he had filed a SA before the Debts Recovery Tribunal against the steps taken by the respondent under the SARFAESI Act, the SA was dismissed for non prosecution, on 12.11.2015. It is the case of the petitioner that he was not aware of the dismissal of SA for non-prosecution, and he came to know about it only now, when fresh steps were taken by the respondent bank for dispossession. Taking note of the said submission of counsel for the petitioner, I direct that, further steps pursuant to Ext.P2 notice issued by the Advocate Commissioner, shall be kept in abeyance for a period of ten days, so as to enable the petitioner to work out his remedy before the Debts Recovery Tribunal, in the meanwhile.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
sm/
Venukumar K.
State Bank of India
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
