Single judge dismissed a writ petition challenging SARFAESI Act enforcement steps as infructuous, noting the matter is subjudice before the Debts Recovery Tribunal, reserving liberty to pursue that remedy.
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 BECHU KURIAN THOMAS
TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944
WP(C) NO. 7249 OF 2022
PETITIONER/S:
1 SUDHI.A AGED 45 YEARS D/O. ANANTHAN, SUDHI LAND, MUTTAPPALAM (PO) VARKALA, TRIVANDRUM 695 145 2 SURESH A S/O. ANANTHAN, SUDHI LAND, MUTTAPPALAM (PO) VARKALA, TRIVANDRUM 695 145 BY ADV N.SASI
RESPONDENT/S:
BY ADV SMT.M.SHAJNA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7249 of 2022
2
BECHU KURIAN THOMAS, J.
=====================
W.P.(C) No.7249 of 2022
=====================
Dated this the 8th day of November, 2022
JUDGMENT
This writ petition was filed at a time when the Debts Recovery Tribunal was not functioning. The relief claimed in the writ petition was against the coercive steps initiated under the SARFAESI Act in enforcement of the security interest. In the meantime, the Tribunal commenced its functioning, and the securitization application filed by the petitioners are being taken up for consideration by the said Tribunal.
Accordingly, this writ petition is dismissed as
W.P.(C) No.7249 of 2022
3
infructuous reserving the liberty of the petitioners to pursue
their remedy before the Tribunal.
BECHU KURIAN THOMAS JUDGE
TR
W.P.(C) No.7249 of 2022
4
APPENDIX OF WP(C) 7249/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 22-4-2021 Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 8-11-2021 ISSUED BY THE 1ST RESPONDENT BANK Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 21-2-2022 Exhibit P4 TRUE COPY OF S.A ID NO. 2194/2022 DATED 3-03-2022 WITHOUT ANNEXURES FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL NO II, ERNAKULAM Exhibit P5 TRUE COPY OF THE IA ID NO 2196/2022 IN SA DATED 2-3-2022 FOR STAY FILED BEFORE THE DEBT RECOVERY TRIBUNAL NO II EERNAKULAM
1 issue framed by the court
Whether the writ petition challenging coercive steps under SARFAESI Act has become infructuous due to the pendency of the securitization application before the Debts Recovery Tribunal.
SUDHI.A
SURESH A
THE AUTHORISED OFFICER UNION BANK OF INDIA
THE DEBT RECOVERY TRIBUNAL NO 1 ERNAKULAM
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
