Petitioner challenged notices issued by a co-operative bank under the Securitization Act. Relying on South Indian Bank v. Naveen Mathew Philip on the limits of Article 226 jurisdiction over SARFAESI sales, the court found no reason to keep the writ petition pending.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946
WP(C) NO. 2684 OF 2018
PETITIONER/S:
VARGHESE AGED 40 YEARS
S/O. BABY, BHASMAKKAD VEEDU, KAKKAZAM P.O.,ALAPPUZHA - 688 005.
BY ADV SRI.A.AHZAR
RESPONDENT/S:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No.2684 of 2018
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EASWARAN S. , J.
W.P. (C) No.2684 of 2018
Dated this the 25th day of March 2024
JUDGMENT
The petitioner challenges Exts.P2 and P3 notices issued under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the Securitization Act).
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Indian Bank Vs. Naveen Mathew Philip [2023 (4) KLT 29], this Court finds that there is no requirement for keeping the present writ petition pending and the same is accordingly dismissed. However, liberty is granted to the petitioner to challenge further proceedings if any initiated
by the respondent bank in accordance with the provisions of the Securitization Act.
Sd/- EASWARAN S. JUDGE
NS
W.P. (C) No.2684 of 2018
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APPENDIX OF WP(C) 2684/2018
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PAYMENT RECEIPT ISSUED BY THE BANK DAETD 09.11.2017. EXHIBIT P1(a) TRUE COPY OF THE PAYMENT RECEIPT ISSUED BY THE BANK DATED 16.11.2017. EXHIBIT P2 TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF THE ACT DATED 13.9.2017. EXHIBIT P3 TRUE COPY OF THE AUCTION NOTICE PUBLISHED IN DESHABHIMANI DAILY DATED 04.01.2018.
1 issue framed by the court
Whether Exts.P2 and P3 notices issued under the SARFAESI Act could be challenged under Article 226 despite the Supreme Court's ruling in South Indian Bank v. Naveen Mathew Philip?
Colour shows how this judgement treated each authority
South Indian Bank Vs. Naveen Mathew PhilipRelied on¶4
[2023 (4) KLT 29]
3 provisions across 2 enactments
Varghese
Alleppy Urban Co-operative Bank Ltd. A-67 represented by its Authorized Officer
Branch Manager Alleppy Urban Co-operative Bank Ltd. A-67, Alleppy Branch
Easwaran S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
