The High Court dismissed a writ petition challenging an order allowing an application under the SARFAESI Act. The court held that the appropriate remedy lies under Section 17 of the Act and dismissed the petition as withdrawn at the instance of the petitioner.
Writ petition dismissed as withdrawn. Liberty to prefer remedy under Section 17 of the SARFAESI Act open.
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 AMIT RAWAL
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
WP(C).No.48 OF 2020(E)
PETITIONER:
SANTO MATHEW, AGED 50 YEARS, SON OF LATE MR.N.J MATHEW, RESIDING AT NELLIKUNNEL HOUSE, CHETIKULAM.P.O, CHALAKUDY, THRISSUR DISTRICT PIN-680721
BY ADVS. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY SMT.SAVITHA GANAPATHIYATAN SRI.M.M.SHAJAHAN
RESPONDENTS:
1 UNION OF INDIA, MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI PIN-110001 REPRESENTED BY ITS FINANCE SECRETARY
2 NATIONAL HOUSING BANK, CORE 5A, INDIA HABITAT CENTRE, 3RD-5TH FLOOR, LODHI ROAD, NEW DELHI-110003 REPRESENTED BY ITS MANAGING DIRECTOR
4 BRANCH MANAGER, MUTHOOT HOUSING FINANCE COMPANY LIMITED, 01ST FLOOR, AUGIN GOLDEN JUBILEE COMPLEX, WEST FORT, POOTHOLE.P.O, THRISSUR DISTRICT, PIN-680004
5 ARUN CHANDRE, ARE COLLECTION MANAGER, MUTHOOT HOUSING FINANCE COMPANY LIMITED, 01ST FLOOR, AUGIN GOLDEN JUBILEE COMPLEX, WEST FORT, POOTHOLE.P.O, THRISSUR DISTRICT PIN-680004
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R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R1 BY SRI.SUVIN R.MENON, CGC R1 BY SRI.S.VAIDYANATHAN, CGC R3-5 BY ADV. SRI.SABU S.KALLARAMOOLA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed challenging Ext.P5 order passed by the Chief Judicial Magistrate allowing Ext.P2 application filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act' for short). However, at this stage learned counsel for the petitioner do not press the relief No.(a) and (b) of the writ petition but challenge the aforementioned order.
In my view, remedy available to the petitioner is under Section 17 of the SARFAESI Act, to prefer a securitisation application before the competent authority. At this juncture, learned Counsel for the petitioner seeks liberty of this Court
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for withdrawal of the writ petition. Accordingly, leaving open the liberty aforementioned, the writ petition is dismissed as withdrawn.
Sd/-
AMIT RAWAL
JUDGE
vv
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER PURSUANT TO ORDER IN 2019 IN MISCELLANEOUS CASE NO.88/2019 ON THE FILES OF CHIEF JURIDICAL MAGISTRATE COURT, THRISSUR
EXHIBIT P2 COPY OF THE PETITION AS MISCELLANEOUS CASE NO.88/2019 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR
EXHIBIT P3 COPY OF THE AFFIDAVIT FILED BY THE 5TH RESPONDENT IN MISCELLANEOUS CASE NO.88/2019 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR
EXHIBIT P4
COPY OF THE LOAN AGREEMENT PRODUCED AS DOCUMENT NO.3 IN MISCELLANEOUS CASE NO.88 OF 2019 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR
EXHIBIT P5
COPY OF ORDER IN MISCELLANEOUS CASE NO.88/2019 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR
PETITIONER'S/S EXHIBITS:
ANNEXURE R3(a) TRUE COPY OF THE NOTIFICATION DATED 18.12.2015 PUBLISHED IN THE GAZETTE OF INDIA
ANNEXURE R3(b) TRUE COPY OF THE CERTIFICATE OF REGISTRATION 11.02.2011 OF NATIONAL HOUSING BANK
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the writ petition challenging the Commercial Borrower's application under Section 14 SARFAESI Act should be allowed at the admission stage.
2 provisions across 1 enactments
Santo Mathew
Union of India
National Housing Bank
Muthoot Housing Finance Company Limited
Branch Manager
Arun Chandre
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
