The High Court of Kerala granted stay of SARFAESI proceedings under the SARFAESI Act for one week to allow the petitioner to cure defects in an appeal before the DRAT. The writ petition was disposed of accordingly.
Proceedings under the SARFAESI Act stayed for one week.
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 K. BABU
THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945
WP(C) NO. 31866 OF 2023
AGAINST THE ORDER/JUDGMENT SA 195/2022 OF DEBT RECOVERY TRIBUNAL2, ERNAKULAM
PETITIONER:
ULLAS SEBASTIAN, AGED 45 YEARS AGED 45 YEARS, S/O. LATE SRI. DEVASIA, AMBATTU HOUSE, KADAPATTOOR. P.O, KOTTAYAM, PIN - 686574
BY ADVS. BABY THOMAS GEORGE T.J K.ANIL JOSEPH MARIAMMA JOSEPH INDRAJITH S KAIMAL ALICIA JOSE AISWARYARAJ
RESPONDENTS:
1 STATE BANK OF INDIA, BHARANANGANAM BRANCH, VETTUKALLEL ARCADE, P.O.BHARANANGANAM, REPRESENTED BY ITS MANAGER, PIN - 686578
2 THE AUTHORISED OFFICER, STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH, 32/1747, K1, 7TH FLOOR,VANKARATH TOWERS, PALARIVATTOM BYE PASS JUNCTION, ERNAKULAM, PIN - 682024
OTHER PRESENT:
SRI. JITHESH MENON -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 31866 OF 2023
K.BABU, J.
WP(C).No.31866 of 2023
Dated this the 5th day of October, 2023
J U D G M E N T
The reliefs prayed for in this Writ Petition are as follows:-
“(i) Issue a writ of Mandamus or any other appropriate writ order directing the respondent not to implement Exhibit P2 notice.
(ii) To direct the respondents not to take any further coercive measures under the SARFAESI Act till Ext.P5 appeal and stay petition is being heard by DRAT Chennai.
(iii) To pass such orders or direction restraining the respondent bank from proceeding against the petitioner's property under the SARFAESI Act.
(iv) To issue any other writ, direction or order that this Hon'ble Court may deem fit and proper according to the circumstances of the case.”
2. The petitioner had earlier approached this Court filing
WP(C) No.28740/2023 wherein he was granted three weeks' time from 12.09.2023 to approach the DRAT, Chennai. Now it is submitted that the registry of the DRAT, Chennai noted certain defects in the appeal filed by the petitioner. Therefore, the petitioner seeks a weeks' time to cure the defects and seek the remedy sought for.
WP(C) NO. 31866 OF 2023
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Therefore, the proceedings initiated against the petitioner under the SARFAESI Act shall be kept in abeyance for a period of one week from today.
The writ petition is disposed of as above.
saap
K.BABU, JUDGE
WP(C) NO. 31866 OF 2023
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APPENDIX OF WP(C) 31866/2023
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE 13(2) NOTICE DATED 05.11.2021 |
|---|---|
| Exhibit P2 | TRUE COPY OF THE ADVOCATE COMMISSIONER ISSUED NOTICE DATED 06.03.2023 |
| Exhibit P3 | TRUE COPY OF THE STAY PETITION DATED 24.03.2023 |
| Exhibit P4 | TRUE COPY OF THE DAILY PROCEEDINGS OF THE ORDER IN IA NO. 1061/2023 DATED 18.08.2023 |
| Exhibit 5 | TRUE COPY OF THE ONLINE STATUS OF THE APPEAL IS FILED ON 23/09/2023 |
//True copy//PA to Judge
1 issue framed by the court
Whether the proceedings under the SARFAESI Act should be stayed pending the hearing of an appeal and stay petition before the DRAT.
ULLAS SEBASTIAN
STATE BANK OF INDIA
THE AUTHORISED OFFICER
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
