K.C. George v. Industrial Development Bank of India Ltd.
Case brief
What is this about?
The High Court disposed of a writ petition seeking to quash possession notices under the SARFAESI Act regarding agricultural land. The Court held that such matters fall within the exclusive jurisdiction of the Debt Recovery Tribunal, thus refusing to exercise writ jurisdiction.
What did the court decide?
The writ petition was closed without deciding merits; coercive proceedings held for 10 days for the petitioner to file an Original Application before the Debt Recovery Tribunal.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 2ND DAY OF MARCH 2023 / 11TH PHALGUNA, 1944
WP(C) NO. 3041 OF 2023
PETITIONER:
K.C. GEORGE AGED 52 YEARS, S/O.CHERIAN, KALAPPURAKKAL HOUSE, KALLUMUKKU, NOOLPUZHA P.O., WAYANAD, PIN - 673592
BY ADVS. P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR SABU PULLAN GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN
RESPONDENTS:
1 INDUSTRIAL DEVELOPMENT BANK OF INDIA LTD. IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI, PIN - 400005 2 THE BRANCH HEAD IDBI BANK LTD., CITY TOWER, RAHEEM MEMORIAL ROAD, SULTHANBATHERY, WAYANAD, PIN - 673579 3 THE AUTHORIZED OFFICER IDBI BANK LTD., CITY TOWER, RAHEEM MEMORIAL ROAD, SULTHANBATHERY, WAYANAD, PIN - 673579
BY ADV C.AJITH KUMAR
Issues for consideration
2 issues framed by the court
Whether the High Court should exercise jurisdiction under Article 226 to quash possession notices under the SARFAESI Act premised on the land being agricultural.
Whether the petitioner is barred from approaching this Court since matters are triable exclusively by the Debt Recovery Tribunal.
Parties & counsel
- petitioner
K.C. GEORGE
- respondent
INDUSTRIAL DEVELOPMENT BANK OF INDIA LTD.
- respondent
THE BRANCH HEAD IDBI BANK LTD.
- respondent
THE AUTHORIZED OFFICER IDBI BANK LTD.
Coram
Case details
As recorded by the court registry
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