Dismissed

The Thiruvananthapuram District Co-Operative Bank Ltd. v. Radha

Kerala HC23 Mar 2018OP (DRT)/41/2018

Case brief

AI extract

What is this about?

The Kerala High Court held that an original petition challenging an order passed under Section 13(2) of the SARFAESI Act is barred due to the existence of an effective alternative remedy under Section 18. The petitioner was directed to avail the statutory appeal.

What did the court decide?

Closed to the petitioners with direction to avail the statutory appeal under Section 18 of the Act; no injunction or stay.

The Thiruvananthapuram District Co-Operative Bank Ltd… — Banking and Recovery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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PETITIONER(S)

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1 THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE, KIZHAKKEKOTA, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL

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MANAGER.

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2 AUTHORIZED OFFICER THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE, KIZHAKKEKOTA, THIRUVANANTHAPURAM.

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BY ADV.SRI.THOMAS ABRAHAM.

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RESPONDENT(S):

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1. RADHA D/O SANKU, THETTIVILA VEEDU, PUNNAMAN VAYAL, MADATHARA P.O., KOLLAM DISTRICT-691541.

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2. BAIJU S/O BHASKARAN, THETTIVILA VEEDU, PUNNAMAN VAYAL, MADATHARA P.O., KOLLAM DISTRICT 691541.

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3. DEBTS RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP) ERNAKULAM 682 020.

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DXY

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OP (DRT).No. 41 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	THE TRUE COPY OF THE NOTICE DATED 14.5.2015 UNDER SECTION 13(2) OF THE ACT ISSUED TO THE RESPONDENT.
EXHIBIT P2	THE TRUE COPY OF THE SAID NOTICE DATED 28.9.2015 ISSUED TO THE RESPONDENT.
EXHIBIT P3	THE TRUE COPY OF THE SAID ORDER DATED 22.11.2016 OF THE DEBTS RECOVERY TRIBUNAL II. ERNAKULAM IN SA NO.14 OF 2016.
EXHIBIT P4	THE TRUE COPY OF THE IA NO. 1162 OF 2017 IN SA NO. 14 OF 2016 SEEKING TO SETASIDE THE EXPARTE ORDER DATED 22.11.2016.
EXHIBIT P5	THE TRUE COPY OF THE IA NO. 1242 OF 2017 IN SA NO. 14 OF 2016 SEEKING TO CONDONE THE DELAY IN PREFERRING THE PETITION TO SETASIDE EXPARTE ORDER.
EXHIBIT P6	THE TRUE COPY OF THE IA NO. 1161 OF 2017 IN S.A NO. 14 OF 2016 PRAYING TO STAY THE OPERATION OF THE ORDER DATED 22.11.2016
EXHIBIT P7	THE TRUE COPY OF THE COMMON ORDER DATED 17.11.2017 OF THE DEBTS RECOVERY TRIBUNAL II, ERNAKULAM IN IA NO. 1242 OF 2017, IA NO. 1162 OF 2017
	AND IA NO. 1161 OF 2017 IN SA NO. 14 OF 2016.

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RESPONDENT(S)'EXHIBITS: NIL

\TRUE COPY\

PA TO JUDGE

DXY

P.B.SURESH KUMAR, J.

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--------------------------------------------

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O.P.(DRT).No.41 of 2018

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--------------------------------------------------------------Dated this the 23^rd day of March, 2018

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J U D G M E N T

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The order impugned in this original petition is appealable under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act). In the light of the said effective alternative remedy available to the petitioners, the original petition is closed without prejudice to the right of the petitioners to file appeal challenging the impugned order. All contentions are left open.

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Sd/- P.B.SURESH KUMAR JUDGE

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rsr

The Thiruvananthapuram District Co-Operative Bank Ltd. v. Radha

Case brief

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The Thiruvananthapuram District Co-Operative Bank Ltd. v. Radha

Case brief

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