The Court held that writ petitions challenging coercive proceedings initiated under the SARFAESI Act, 2002, are not maintainable. The petitioners were directed to approach the competent Debt Recovery Tribunal under Section 17 of the Act.
Dismissed the writ petitions and granted liberty to the petitioners to approach the competent Tribunal if advised.
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 N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 WP(C) NO. 13510 OF 2021
PETITIONERS:
1 K.N.VIMANAN AGED 60 YEARS, S/O NARAYANAN, KIZHAKKEKUZHI PIPPILLIL HOUSE, RAJAKKADU P.O.IDUKKI.
2 K.N. AJI, AGED 52 YEARS, S/O NARAYANAN, KIZHAKKEKUZHI PIPPILLIL HOUSE, RAJAKKADU P.O.IDUKKI.
BY ADV A.S.SASIDHARAN
RESPONDENTS:
BY ADV GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, ALONG WITH WP(C).3626/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 WP(C) NO. 3626 OF 2022
PETITIONER:
PARUKUTTY NARAYANAN, AGED 85 YEARS, W/O. NARAYANAN, KIZHAKKE KUZHIPPILLIL, RAJAKKAD P.O., IDUKKI 685 566.
BY ADV PARUKUTTY NARAYANAN,(Party-In-Person)
RESPONDENTS:
3 K.N. VIMANAN, AGED 60 YEARS, S/O. NARAYANAN, KIZHAKKE KUZHIPPILLIL, RAJAKKAD P.O., IDUKKI 685 566.
4 K.N. AJI, AGED 53 YEARS S/O. NARAYANAN, KIZHAKKE KUZHIPPILLIL, RAJAKKAD P.O., IDUKKI 685 566.
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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BY ADV GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, ALONG WITH WP(C).13510/2021, 38996/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 38996 OF 2023
PETITIONERS:
1 K.N. VIMANAN AGED 62 YEARS, S/O. NARAYANAN, KIZHAKKEKUZHI PIPPILLIL HOUSE, RAJAKKADU P.O., IDUKKI – 685566.
2 K.N. AJI AGED 52 YEARS, S/O NARAYANAN, KIZHAKKEKUZHI PIPPILLIL HOUSE, RAJAKKADU P.O., IDUKKI PIN – 685566.
BY ADV A.S.SASIDHARAN
RESPONDENTS:
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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BY ADV GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, ALONG WITH WP(C).3626/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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J U D G M E N T
Dated this the 4th day of April, 2024
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
W.P.(C) No.13510 of 2021 has been filed by the
petitioners, who are brothers, seeking to direct the respondents not to proceed against the property of the petitioners and not to make any realisation and attachment of the property. The petitioners also seek to direct the respondents to receive the entire arrears of interest in 12 equal instalments from the petitioners.
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W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
proceed against the property of the petitioners and seeking to direct the respondents to receive the entire arrears of interest to 12 equal monthly instalments.
mother of the petitioners in the afore writ petitions seeking to direct respondents 1 and 2 not to evict the petitioner until the death of the petitioner, who is 85 years old senior citizen.
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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Security Interest Act, 2002.
it is evident that the petitioners are aggrieved by the steps taken by the respondents invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. If the petitioners have any grievance regarding the measures taken by the
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioners have to approach the competent Debts Recovery Tribunal under Section 17 of the Act, 2002. A writ is not maintainable in such circumstances.
The writ petitions are therefore dismissed granting liberty to the petitioners to approach the competent Tribunal if the petitioners are so advised.
Sd/- N. NAGARESH
JUDGE
ams
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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APPENDIX OF WP(C) 13510/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 20.4.2021 IN WPC NO 1848/2021 OF THIS HONBLE COURT
Exhibit P2 TRUE COPY OF THE ORDER DATED 8.6.2021 IN IA NO 2/2021 IN WPC NO 1848/2021 OF THIS HONBLE COURT
Exhibit P3 TRUE COPY OF THE PETITION DATED 21.6.2021 SUBMITTED BY PETITIONERS BEFORE THE RESPONDENTS
Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE RESPONDENT BANK DATED 18.11.2021
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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APPENDIX OF WP(C) 3626/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 21.06.2021 SUBMITTED BY RESPONDENTS 3 AND 4 BEFORE THE IST RESPONDENT.
W.P.(C)Nos.13510/2021, 3626/2022 & 38996/2023
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APPENDIX OF WP(C) 38996/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED TO 2ND PETITIONER BY DR. SUJITH.A.N., MD DM (NEUROLOGY), MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE HOSPITAL, KOLENCHERY DATED 4.4.2018
Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 18.11.2023 WITH RESPECT TO THE PETITIONERS AFFIXED ON THEIR PROPERTY BY THE RESPONDENTS
2 issues framed by the court
Whether a writ petition is maintainable against coercive proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Whether the petitioner can claim relief on account of arrears of interest under the Act through a writ petition.
2 provisions across 1 enactments
K.N.Vimanan and K.N.Aji
Parukutty Narayanan
Kerala State Co-operative Bank (Kerala Bank)
Idukki District Co-operative Bank
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
