Writ petition challenging SARFAESI proceedings initiated by a bank, which had reached the stage of an order under Section 14 of the SARFAESI Act. The court held no extraordinary circumstance justified writ interference and dismissed the petition without prejudice to approaching the Debts Recovery Tribunal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 27489 OF 2024
PETITIONER:
A. D. RATHNAKARA SHENOY
AGED 81 YEARS
S/O. A. P. DAMODARA SHENOY RESIDING AT DAMODAR NIVAS,
T. D. ROAD, ERNAKULAM, PIN - 682035
BY ADVS.
S.SREEKUMAR (KOLLAM)
K.VIJAYAN
NAMITHA RAJESH
NITHYA V.D.
RESPONDENTS:
1THE UNION BANK OF INDIA
ASSET RECOVERY BRANCH, (ERNAKULAM MAIN BRANCH) UNION
BANK BHAVAN, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS
AUTHORIZED OFFICER, PIN - 682035
2M/S. SHENOYS INFRA MART (P) LTD
REPRESENTED BY ITS MANAGING DIRECTOR, DOOR NO. 10/656,
NEAR S. N. PUBLIC SCHOOL JUNCTION, MULLUVILA, KOLLAM,
PIN - 691021
3RAJESH R SHENOY
AGED 52 YEARS
S/O. A.D.RATHNAKARA SHENOY, RESIDING XLV / 1098,
KANAKALAYAM, LEKSHMI NADA, CUTCHERY.P.O., KOLLAM, PIN
- 691013
4SHASHWATH S SHENOY
AGED 37 YEARS
S/O. LATE SARVOTHAMA SHENOY, RESIDING AT RESIDING
XLV / 1098, KANAKALAYAM, LEKSHMI NADA, CUTCHERY.P.O.,
KOLLAM, PIN - 691013
5 A.S. SURESH SHENOY
W.P.(C)No.27489 OF 2024
2
AGED 50 YEARS
S/O. A.D.SADANANDA SHENOY, RESIDING PADMALAYAM,
BANAERJI ROAD, ERNAKULAM, PIN - 682018
6A.S. RUPESH SHENOY
AGED 51 YEARS
S/O. A D SADANANDA SHENOY, RESIDING AT CRYSTAL
SINDOOR, 6TH FLOOR, C BLOCK, CUTCHERY.P.O., KOLLAM,
PIN - 691013
7 SUDARSHANA SHENOY AGED 73 YEARS
W/O. A.D. SADANANDA SHENOY, RESIDING PADMALAYAM,
BANERJI ROAD, ERNAKULAM, PIN - 682018
8 M/S. KOTAK MAHINDRA BANK REPRESENTED BY ITS BRANCH MANAGER, KANAKA DAMODAR ESTATE VEEKSHANAM ROAD, ERNAKULAM, PIN - 6820359ABDUL SATTAR
AGED 58 YEARS
S/O. ASSANARU KUNJU RESIDING AT ARAFA HOUSE,
VALLIKUNNAM SOUTH POST ALAPUZHA, PIN - 690501
BY ADVS.
NIDHI SAM JOHN
LIJO JOSEPH (THOPPIL)(K/000537/2013)
A.KEVIN THOMAS(K/639/2014)
CELIA SANTHOSH(K/1297/2020)
SRI. A.S.P KURUP SC, FOR UBI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27489 OF 2024
3
JUDGMENT
Dated this the 1st day of August, 2024
The challenge in this writ petition is against the proceedings initiated by the 1st respondent Bank
under the SARFAESI Act. The proceedings, as revealed from Exhibit P8, has reached the stage of Section 14 of the Act. It is settled law that, in the absence of extra ordinary circumstances, the Writ Courts should not entertain challenge against SARFAESI proceedings.
The writ petition is hence dismissed, without prejudice to the petitioner's right to approach the Debts Recovery Tribunal.
Sd/V.G.ARUN JUDGE
SSK/01/08
W.P.(C)No.27489 OF 2024
4
APPENDIX OF WP(C) 27489/2024
PETITIONER EXHIBITS
Exhibit P1 |
THE TRUE |
COPY OF THE |
PARTNERSHIP DATED 17.08.1985 |
|---|---|---|---|
Exhibit -P2 |
THE TRUE01.04.199 |
COPY OF THE8 |
DEED OF PARTNERSHIP DATED |
Exhibit -P3 |
THE TRUE18.08.199 |
COPY OF THE8 IN FAVOUR |
LEASE DEED NO. 2962/1998 DATEDOF THE PETITIONER |
Exhibit -P4 |
THE TRUE16.03.201 |
COPY OF THE5 WITH THE K |
LEASE AGREEMENT DATEDOTAK MAHINDRA BANK LTD |
Exhibit -P5 |
THE TRUE16.03.200 |
COPY OF THE1 |
AMENDED PARTNERSHIP DEED DATED |
Exhibit -P6 |
THE TRUE04.08.201TRANSLATI |
COPY OF THE8 ISSUED BYON OF ENGLIS |
ENCUMBRANCE CERTIFICATE DATEDERNAKULAM SRO AND ITSH |
Exhibit -P7 |
THE TRUE25.02.202 |
COPY OF THE2 ISSUED BY |
POSSESSION NOTICE DATEDTHE 1ST RESPONDENT |
Exhibit -P8 |
THE TRUE1051 DATE |
COPY OF THED 14.08.2023 |
ORDER OF THE CJM COURT IN M.C. |
SSK //TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the writ petition challenging SARFAESI proceedings that had reached the Section 14 stage warranted interference under Article 226.
2 provisions across 2 enactments
A. D. Rathnakara Shenoy
The Union Bank of India, Asset Recovery Branch, Ernakulam
M/s. Shenoys Infra Mart (P) Ltd
Rajesh R Shenoy
Shashwath S Shenoy
A.S. Suresh Shenoy
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court