Borrowers appealed against a single Judge direction to register a sale certificate in SARFAESI proceedings, citing missing inventory. The court held the remedy lies in the Debts Recovery Tribunal or appropriate proceedings.
The writ appeal filed by the borrowers was dismissed.
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.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 27TH DAY OF FEBRUARY 2023 / 8TH PHALGUNA, 1944 WA NO. 453 OF 2023
AGAINST THE JUDGMENT IN WP(C)NO.27558/2022 DATED
30.01.2023
APPELLANTS/RESPONDENTS 2 AND 3:
2 MRS.SUSAN MATHEW, AGED 58 YEARS, W/O.MATHEWKUTTY GEORGE, CANNON BUNGLOW, MADATHIL PARAMBIL ROAD, NEAR ERNAKULAM MEDICAL CENTRE, VENNALA P.O, KOCHI.
REPRESENTED BY HER POWER OF ATTORNEY HOLDER, MR. MATHEWKUTTY GEORGE, AGED 70 YEARS, S/O.LATE MATHAI GEORGE, CANNON BUNGLOW, MADATHIL PARAMBIL ROAD, NEAR ERNAKULAM MEDICAL CENTRE, VENNALA P.O, KOCHI, PIN – 682028.
BY ADVS. BIJU BALAKRISHNAN V.S.RAKHEE K.J.GISHA AJMAL P. GOPIKA P.J.
RESPONDENTS/PETITIONER & RESPONDENTS 1, 4, 5, 6 & 7:
1 STATE BANK OF INDIA, ASSET RECOVERY MANAGEMENT BRANCH, R.S.BUILDING, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER, PIN – 682011.
W.A.No.453/2023 2
BY ADV.S.EASWARAN
BY SENIOR GOVERNMENT PLEADER, SRI.UNNIKRISHNA KAIMAL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.453/2023 3
JUDGMENT
A.Muhamed Mustaque, J .
The appellants are the borrowers. Consequent upon initiating SARFAESI proceedings, their secured assets were sold. Since the Sub Registrar refused to register the sale certificate, the bank came before this Court in the writ petition. The learned single Judge directed the Sub Registrar to register the sale certificate. Challenging this, the borrowers have approached this Court.
is to approach the Debts Recovery Tribunal to challenge the sale. The bank came before this Court only when the Sub Registrar refused to register the sale certificate citing the attachment made by the civil court. Registration of a sale certificate certainly would be subject to any challenge made before the Debts Recovery Tribunal challenging the sale or would be subject to the rights of parties, if any, who have moved the civil court. The appellants who are the borrowers are also at liberty to challenge
W.A.No.453/2023 4
the sale in accordance with law.
If any remedy is available to the appellants for claiming the right over any movables, it is also open for the appellants to take steps in appropriate proceedings.
The writ appeal is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
ln
2 issues framed by the court
Whether the borrowers should approach the Debts Recovery Tribunal to challenge the sale under SARFAESI instead of approaching the High Court.
Whether the registration of the sale certificate is subject to challenges made before the Debts Recovery Tribunal or in civil court.
MR.MATHEWKUTTY GEORGE
MRS.SUSAN MATHEW
STATE BANK OF INDIA
SUB REGISTRAR, REGISTRAR OFFICE, EDAPPALLY SRO
M/S.ENVERTIZ CONSULTANCY PRIVATE LIMITED
MR.KRISHNACHANDRALAL
A.MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
