Dismissed

Amal Babu v. All India Council for Technical Education

Kerala HC12 Jan 2024WP(C)/771/2023

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions challenging proceedings initiated by a bank under Section 14 of the SARFAESI Act against properties of the Gurudeva Trust. The Court held that no writ lies against SARFAESI proceedings as an efficacious alternate remedy exists under the Act, relying on Supreme Court precedent.

What the court decided

AI extract

Amal Babu Vs All India Council for Technical Education — Banking and Recovery | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 12^TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 771 OF 2023

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PETITIONERS:

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1 AMAL BABU, AGED 20 YEARS, 6TH SEMESTER DIPLOMA IN MECHANICAL ENGINEERING, SREE NARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY, MANJALY, MANNAM, N. PARUR, PIN - 683520 2 ANANDU RAVI AGED 21 YEARS 8TH SEMESTER MCA, SREE NARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY, MANJALY, MANNAM, N. PARUR, PIN - 683520 3 SRUTHI SOJAN, AGED 20 YEARS, 5TH SEMESTER B. TECH. COMPUTER SCIENCE & ENGINEERING, SREE NARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY, MANJALY, MANNAM, N. PARUR, PIN - 683520 4 VINAYA PRASAD, AGED 20 YEARS, 6TH SEMESTER, DIPLOMA IN ENGINEERING (CIVIL), SREE NARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY, MANJALY, MANNAM, N. PARUR, PIN - 683520 5 DELVIN JOSEPH, AGED 20 YEARS, 3RD SEMESTER MBA, SREE NARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY, MANJALY, MANNAM, N. PARUR, PIN – 683520

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BY ADVS. SRI.ALEX GEORGE (CHAMAPPARAYIL) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE SRI.EBEE ANTONY

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W.P.(C) No.771/2023 & connected cases

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RESPONDENTS:

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1 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE), REP. BY ITS SECRETARY, CHANDRALOK BUILDING, JANAPATH, NEW DELHI-110001.

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2 A.P.J. ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM - 695 016. 3 M/S. GURUDEVA TRUST, REPRESENTED BY ITS SECRETARY, MANJALY, THEKKETHAZHAM, MANNAM, N.PARUR, COCHIN, PIN - 683520 4 KOTAK MAHINDRA BANK LTD., REPRESENTED BY ITS CHIEF MANAGER, KANAKA DAMODAR BUILDING, VEEKSHANAM ROAD, COCHIN, PIN – 682035. 5 THE AUTHORIZED OFFICER, KOTAK MAHINDRA BANK LTD., SAMSON TOWERS, PANTHEON ROAD, EGMORE, CHENNAI – 600008

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BY ADVS. SRI.SAJITH KUMAR V. SRI.ZAKEER HUSSAIN SRI.THOMAS T VARGHESE PHILIP T.VARGHESE K.A.SANJEETHA(K/1146/1993) ACHU SUBHA ABRAHAM(K/001758/1999) V.T.LITHA(K/278/2006) K.R.MONISHA(K/915/2013) ARJUN RAJA P.C.(K/843/2019) SREENATH VIJAYARAGHAVAN(K/001097/2017) K.JAJU BABU (SR.) BRIJESH MOHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).19232/2023, 28766/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 12^TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 19232 OF 2023

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PETITIONER:

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ABHILASH C.S., AGED 35 YEARS, S/O. SHANMUGHAN C S, CHOOLAKKAL HOUSE, KARUMALLOOR PO, MANAKKAPADY, NORTH PARAVOOR, PIN – 683511

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BY ADVS. SRI.AYPE JOSEPH SRI.MERIN ROSE

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001

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2 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) REPRESENTED BY CHAIRMAN, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI, PIN - 110070

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3 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY REGISTRAR, CET CAMPUS, AMBADY NAGAR, THIRUVANANTHAPURAM, PIN - 695016

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4 GURUDEVA TRUST, REPRESENTED BY ITS SECRETARY, SREE NARAYANA GURU INSTITUTE OF SCIENCE AND TECHNOLOGY CAMPUS, THEKKETHAZHAM, MANJALY P.O, NORTH PARAVUR, PIN - 683520

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5 THE MANAGER, KOTAK MAHINDRA BANK LTD., KANAKA DAMODAR BUILDING, VEEKSHANAM ROAD, KOCHI, PIN - 682035

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6 THE AUTHORIZED OFFICER, KOTAK MAHINDRA BANK LTD. 402 & 403, SAMSON TOWERS, 4TH FLOOR, PANTHEON ROAD, EGMORE, CHENNAI, PIN - 600008

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7 C.K. RENJAN, CHANDRASSERIL HOUSE, PERUVARAM EAST NADA, NORTH PARAVUR, PIN - 683513

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8 P.PRAKASAN, MAMPILLY HOUSE, SREERAGAM, PATTANAM, VADAKKEKKARA P.O, NORTH PARAVUR., PIN – 683522

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9 K.N. PADMANABHAN, KALINJATHIL HOUSE, MUPPATHADAAM, ALUVA, PIN – 683110

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BY ADVS. SRI.SAJITH KUMAR V., SC SRI.DHEERAJ A.S., GOVERNMENT PLEADER SRI.ELVIN PETER P.J. SRI.ANIL KUMAR SREEDHARAN SRI.THOMAS T VARGHESE SRI.PHILIP T.VARGHESE SRI.SHYAM S SRI.M.M.HARRIS(K/000414/2017) SRI.P.R.INDIRAKUTTY(K/000385/2017) SRI.ACHU SUBHA ABRAHAM(K/001758/1999) SRI.V.T.LITHA(K/278/2006) SRI.K.R.MONISHA(K/915/2013) SRI.AFSANA ASHRAF(K/443/2009) SRI.K.R.GANESH(K/000551/1991) SRI.BIJOY S.(K/000376/2023)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).771/2023, 28766/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 12^TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 28766 OF 2023

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PETITIONER:

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LAIJU K M, AGED 45 YEARS S/O. MOHANAN, KALAPURAPPARAMBIL HOUSE, KARUMALLOOR PO, MANAKKAPADY, NORTH PARAVOOR, PIN – 683511

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BY ADVS. T.PRAVEEN SANIL KUNJACHAN

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RESPONDENTS:

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1 THE MANAGER, KOTAK MAHINDRA BANK LTD., KANAKA DAMODARBUILDING, VEEKSHANAM ROAD, KOCHI, PIN - 682035

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2 THE AUTHORIZED OFFICER, KOTAK MAHINDRA BANK LTD., 402 &403, SAMSON TOWERS, 4TH FLOOR, PANTHEON ROAD, EGMORE,CHENNAI, PIN - 600008

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3 C.K RENJAN, CHANDRASSERIL HOUSE, PERUVARAM EAST NADA, NORTH PARAVUR:, PIN - 683513

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4 P. PRAKASAN, MAMPILLY HOUSE, SREERAGAM, PATTANAM, VADAKKEKKARA P.O, NORTH PARAVUR, PIN - 683522

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5 K.N. PADMANABHAN, KALINJATHIL HOUSE, MUPPATHADAAM, ALUVA:, PIN – 683110

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BY ADVS. SRI.THOMAS T.VARGHESE SRI.SHARATH S SRI.S.SHYAM(K/106/1981) SRI.P.R.INDIRAKUTTY(K/000385/2017) SRI.ACHU SUBHA ABRAHAM SRI.V.T.LITHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).771/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.771/2023 & connected cases : 7 :

N. NAGARESH, J.

W.P.(C) Nos.771, 19232 and 28766 of 2023

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Dated this the 12^th day of January, 2024

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J U D G M E N T

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These writ petitions have common facts and common questions of law. Hence, these writ petitions are

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heard together and being disposed of by a common judgment.

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The petitioner in W.P.(C) No.19232/2023 is beneficiary of the 4^th respondent-Gurudeva Trust. The petitioner states that he is filing this writ petition with an intention to protect the Trust properties as the Trust is imparting education which is a public duty.

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The 4^th respondent-Trust is running Sree Narayana Guru Institute of Science and Technology at Manjaly, North Paravur. The Trust is also running another Arts and Science College at Manakkappady. According to the petitioner, as per Clause 4(e) of Ext.P1 Trust Deed, the Trust is empowered to sell, pledge, mortgage or otherwise encumber the assets of the Trust with the approval of the General Body. Clause 22(8) provides that the General Body of the Trust has a right to give sanction to sell any properties belonging to the Trust or to create charge on properties. Therefore, sanction of the General Body is required for mortgaging Gurudeva Trust properties.

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Respondents 7 to 9, who are the Chairman, Secretary and Treasurer of the Trust since 2014, availed a loan of ₹20 Crores from the 5^th respondent-Kotak Mahindra Bank Limited, purportedly for the development of educational institutions under the Trust. The petitioner states that a large number of students are studying in the institution and there are about 200 employees working. There was no requirement for

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availing a loan of ₹20 Crores at that time. The loan amount was misutilised by respondents 7 to 9 for their personal purpose. The agenda for availing loan was not placed before the General Body meeting of the Trust.

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On 09.01.2021, the Kotak Mahindra Bank issued notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 demanding to clear a liability of ₹9,85,50,144.90 as on 24.11.2020. The Chairman of the Trust filed W.P.(C) No.6535/2021 before this Court and this Court directed the Trust to remit ₹11,20,00,000/- in instalments. The direction of this Court was not complied with.

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There are civil suits pending in the courts at North Paravur against the maladministration of the Trust properties by the office bearers of the Trust. Respondents 5 and 6 invoked Section 14 of the Securitisation Act and have filed MC No.520/2022 before the Additional Chief Judicial Magistrate's Court, Ernakulam and the Court has passed order appointing an Advocate Commissioner to take possession of the assets of

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the Trust. The Advocate Commissioner appointed by the CJM Court has issued Ext.P3 notice to the Trust informing that properties will be taken possession of immediately. The petitioner challenges Ext.P3 notice.

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The counsel for the petitioner argued that the properties of a Trust cannot be encumbered. The General Body of the Trust has not given permission to mortgage its properties. No prior permission was obtained from the District Court for alienating the properties. The liability created by respondents 7 to 9 is violating statutory provisions. If the 6^th respondent is resorting to distress sale of the Trust properties, that will put the Trust and its beneficiaries to irreversible loss.

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W.P.(C) No.771/2023 has been filed by students studying in educational institutions under the Gurudeva Trust. The petitioners/students argue that the Chief Judicial Magistrate, while passing an order under Section 14 of the Securitisation Act had a statutory obligation to seek the views/permissions of the AICTE/KUHS. The petitioners further urge that the AICTE and the University have obligation to see

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that the students are shifted to some other affiliated Colleges so that their studies are not affected when the Bank takes over the assets of the Trust where educational institutions are functioning. According to the petitioners, the action of the Bank in taking possession of the properties of the College is violative of the provisions of the Regulations of AICTE and KUHS. The petitioners therefore pray to set aside the notice issued by the Advocate Commissioner and to direct the Bank not to take over possession of the 3^rd respondent's College and its properties.

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W.P.(C) No.28766/2023 is filed by a member of the Gurudeva Trust. The petitioner also seeks for a declaration that the notice issued by the Advocate Commissioner is illegal and arbitrary. According to the petitioner, in view of Section 3 of the Indian Trusts Act, 1882, no criminal or civil proceedings can be initiated against a Trust. The recovery proceedings initiated by respondents 1 and 2 is therefore highly illegal and arbitrary. The Trust is not a juristic person and is not competent to enter into a contract. Therefore, the Trust could

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not have created a mortgage in favour of the Bank. If proceedings are initiated against the Trust, all the Trustees shall be made parties. Only the General Body of the Trust has the right to sell or mortgage Trust properties. The petitioner therefore seeks to declare that the proceedings initiated by the Bank against the assets of the Trust is illegal.

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The 4^th respondent-Gurudeva Trust filed a counter affidavit in W.P.(C) No.19232/2023. The 4^th respondent stated that after a new Executive Committee assumed charge in the year 2023, enquiries were made into the causes for the financial crisis of the Trust. The enquiry revealed serious anomalies in the loan application, loan processing and loan disbursement by the Bank. Respondents 7 to 9, who were the then office bearers of the Trust misused the Trust and got themselves enriched. No building was constructed after availing the loan. The mortgage of 10.33 Acres of land where the Technical Campus of the institute of the Trust is functioning, was without obtaining mandatory approval from the MG University / KUHS, the AICTE or the General Body of

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the Trust.

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The loan availed by the Trust was declared as NPA in the year 2019. the guarantors to the loan have assets worth crores of rupees. The Bank can very well proceed against the guarantors. The Bank must be restrained from proceeding against the Trust properties.

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Respondents 5 and 6 resisted the writ petition filing counter affidavit in W.P.(C) No.19232/2023. Respondents 5 and 6 submitted that Ext.P3 has been issued invoking the provisions of the Securitisation Act. In view of the judgment of the Apex Court in United Bank of India v. Satyawati Tondon and others [(2010) 8 SCC 110] , writ petitions under Article 226 of the Constitution of India are not maintainable against proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner has no locus standi to challenge the proceedings taken against Gurudeva Trust under the Securitisation Act. The borrower Gurudeva Trust has challenged the proceedings filing SA No.469/2022 in the

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Debts Recovery Tribunal-I, Ernakulam. The borrower has also filed three writ petitions in this Court.

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The Trust was extended with credit facilities to the

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tune of ₹21,89,80,000/-. When there was default in repayments, the Bank directed the Trust to pay the overdue amount of ₹1,39,92,254.80. The loan accounts of the Trust became NPA on 07.11.2019. Section 13(2) proceedings were initiated against the Trust on 09.01.2021. It was thereafter that Section 14 was resorted to. The petitioners have not advanced any legal grounds warranting interference in the securitisation proceedings initiated by the Bank, under Article 226.

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I have heard the respective learned counsel for the petitioners appearing in the three writ petitions, the learned Standing Counsel representing the Bank, the respective Standing Counsel representing AICTE and APJ Abdul Kalam Technological University, learned counsel for the Gurudeva Trust and other contesting respondents who have appeared in the writ petitions.

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As far as W.P.(C) No.19232/2023 and W.P.(C) No.28766/2023 are concerned, these writ petitions are filed by the beneficiaries/members of Gurudeva Trust, which is not a State or instrumentality of the State. The dispute is relating administration/maladministration of the Trust including availing of Bank loans mortgaging the Trust properties. Disputes between members of a private Trust or between beneficiaries of a Trust and the Trust cannot be resolved through writ proceedings under Article 226 of the Constitution of India. The petitioners therefore will have to approach the appropriate court/forum for redressal of their grievances relating to administration of the Trust.

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The allegation of the petitioners is that as per Clause 4(e) of the Trust Deed, the Trust is empowered to sell, pledge, mortgage or otherwise encumber the assets of the Trust with the approval of the General Body. The petitioners would argue that as per Clause 22(8) of the Trust Deed, it is only the General Body of the Trust which has a right to give sanction to sell any properties belonging to the Trust or to

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create charge on properties. The petitioners would urge that the General Body of the Trust has not given sanction to sell any property or mortgage Trust properties to the Bank. By the very nature of the allegations, the issue raised is a civil dispute involving questions of fact, which this Court cannot go into in exercise of the writ jurisdiction under Article 226 of the Constitution of India. The allegation of the petitioners that respondents 7 to 9 in W.P.(C) No.19232/2023 have misutilised

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the loan amount availed from the Bank is also a disputed question of fact.

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In all these proceedings, the challenge is on the order dated 24.08.2022 passed by the Additional Chief Judicial Magistrate, Ernakulam in MC No.520/2022 and the notice dated 02.01.2023 issued by the Advocate Commissioner appointed by the CJM Court. The said order of the CJM Court and the notice issued by the Advocate Commissioner are pursuant to the provisions under Section 14 of the Securitisation Act, 2002.

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The grievance of the petitioners is relating to the proceedings initiated by the respondents under Section 14 of the Securitisation Act and the attempt of the respondents to take over and sell the secured asset provided by the petitioners.

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It is settled law that no writ would lie against the proceedings initiated by a financial institution under the provisions of the SARFAESI Act. In United Bank of India v. Satyawati Tondon and others [(2010) 8 SCC 110] , the Hon’ble Apex Court declared that no writ petition shall be entertained against the proceedings initiated under the SARFAESI Act at the instance of a defaulter since the statute provides for an efficacious alternate remedy.

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In the judgment in Authorised Officer, State Bank of Travancore v. Mathew K.C. [2018 (1) KLT 784], the Hon’ble Apex Court reiterated that no writ petition would lie against the proceedings under the SARFAESI Act in view of the statutory remedy available under the said Act.

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Following the judgment in Satyawati Tondon (supra), a Division Bench of this Court in the judgment in Anilkumar v. State Bank of India [2020 (2) KLT 756] declined to exercise jurisdiction under Article 226 of the Constitution of India against the proceedings initiated under the Securitisation Act.

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In South Indian Bank Limited v. Naveen Mathew

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Philip [2023 (4) KLT 29] , the Apex Court held that when the legislature has provided a specific mechanism for appropriate redressal, the powers conferred under Article 226 of the Constitution of India shall be exercised only in extraordinary circumstances.

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In Jayakrishnan A. v. Union Bank of India and others (W.P.(C) No.30803/2023), this Court held that writ petition challenging any proceedings under the Securitisation Act is not maintainable since the aggrieved person has an effective and efficacious remedy before the Tribunal constituted under the Act which is competent to adjudicate the issues of fact and law, including statutory violations. In the

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light of the categorical pronouncements of law made by the Apex Court and by this Court, the above writ petitions are not maintainable.

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The petitioners in W.P.(C) No.771/2023, who claim to be students undergoing studies in the educational institutions of the Gurudeva Trust, have a case that the Trust has mortgaged the property to the Bank without obtaining approval from the AICTE. If the Bank takes over possession of the educational institutions, it would force the Trust to close the educational institutions. According to the petitioners, the AICTE Act does not say anything about the closure of the institution. However, the Approval Process Handbook issued by the AICTE which has statutory support provides for closure of an educational institution in a progressive manner which will be complied only when the students admitted complete the course. The petitioners would further submit that the Trust has not obtained prior permission from the MG University / KUHS for alienating properties.

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The Bank is taking over possession of the secured assets in exercise of the powers under the Securitisation Act, 2002. No statutory provision is brought to my notice by the respondents to show that mortgaging of Trust properties where educational institutions are functioning, require prior approval of the AICTE or of any University.

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In the facts and circumstances of the case, I do not find any reason to interfere with the proceedings initiated by the Bank under the Securitisation Act on the grounds urged by the petitioners. The writ petitions are therefore dismissed. It is made clear that the observations made in this judgment shall not affect any pending civil proceedings and would not bar any of the parties from approaching any competent court/forum for redressal of their grievance in this regard.

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Sd/-

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N. NAGARESH, JUDGE

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aks/10.01.2024

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APPENDIX OF WP(C) 771/2023

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PETITIONERS' EXHIBITS:

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EXHIBIT-P1 COPY OF NOTICE DATED 7-1-2023 BY THE MANAGER, SNGIST GROUP OF INSTITUTIONS EXHIBIT-P2 COPY OF NOTICE DATED 2-1-2023 BY THE ADVOCATE VYKHARI.K.V.

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RESPONDENT'S EXHIBITS:

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Exhibit R4	TRUE COPY OF THE HON'BLE HIGH COUR NO. 30379/2019 DAT	JUDGMENT PASSED BY THE T OF KERALA IN WP (C) ED 16.11.2021
Exhibit R4(a)	TRUE COPY OF THE HON'BLE HIGH COUR No.30379/2019 DATE	JUDGMENT PASSED BY THE T OF KERALA IN WP(C) D 16.11.2021
Exhibit R4(b)	TRUE COPY OF THE ISSUED BY 5TH RES	DEMAND NOTICE THAT WAS PONDENT UNDER SECTION
	13(2) OF THE 09.01.2021	SARFAESI ACT DATED
Exhibit R4(c)	TRUE COPY OF T	HE POSSESSION NOTICE
	DATED 04.03.2022 RESPONDENT	ISSUED BY THE 5TH
Exhibit R4(d)	TRUE COPY OF THE ADDITIONAL CHIEF	ORDER PASSED BY THE JUDICIAL MAGISTRATE'S
	COURT ERNAKULAM DATED 24.08.2022	IN M.C NO. 520/2022
Exhibit R4(e)	TRUE COPY OF THE ADVOCATE COMMISSIO	NOTICE ISSUED BY THE NER DATED 15.09.2022
Exhibit R4(f)	TRUE COPY OF THE HON'BLE DEBTS RE NO.1 ERNAKULAM IN 10.10.2022	ORDER PASSED BY BY THE COVERY TRIBUNAL COURT IA NO.2169/2022 DATED
Exhibit R4(g)	TRUE COPY OF THE HONOURABLE HIGH C DRT NO 402 OF 2022	JUDGMENT PASSED BY THE OURT OF KERALA IN O.P DATED 19.10.2022
Exhibit R4(h)	TRUE COPY OF THE HON'BLE HIGH COUR NO.433/2022 DATED	ORDER PASSED BY THIS T OF KERALA IN OP(DRT) 02.12.2022

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Exhibit R4(i)	TRUE COPY OF THE JUDGMENT PASSED BY THE
	HON'BLE HIGH COURT OF KERALA DATED
	16.12.2022 DISMISSED OP(DRT) NO. 433/2022
Exhibit R4(j)	TRUE COPY OF THE CIRCULAR OF RESERVE BANK OF INDIA RBI/2020-21/20
	DOR.NO.BP.BC/7/21.04.048/2020-21 DATED 06.08.2020
Exhibit R3(a)	TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25/01/2023 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.
Exhibit R3(b)	TRUE COPY OF THE REPLY DATED 03/02/2023 SUBMITTED BY THE 3RD RESPONDENT.
Exhibit R3(c)	TRUE COPY OF THE NOTICE DATED 07/02/2023 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
Exhibit R3(d)	TRUE COPY OF THE REPORT DATED 17/02/2023 OF THE PRINCIPAL OF THE 3RD RESPONDENT.
Exhibit R3(e)	TRUE COPY OF THE LETTER DATED 22/02/2023 GIVEN BY WORTEL
	INFRASTRUCTURE PVT LTD TO THE 3RD RESPONDENT.
Exhibit R6(a)	COPY OF THE REGISTERED DEED EXECUTED
	BETWEEN THE GURUDEVA TRUST AND THE PETITIONER HEREIN ON 05.11.2022.
Exhibit R6(b)	COPY OF THE PROPOSAL DATED 11.03.2023 SUBMITTED BY THE PETITIONER HEREIN
	BEFORE THE CHIEF MANAGER, KOTAK MAHINDRA BANK LTD.

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE TRUST DEED OF GURUDEVA TRUST DATED 19.03.2001 Exhibit P2 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 09.02.2015 Exhibit P3 TRUE COPY OF THE ORDER IN M.C. NO. 520/2022 OF ADDITIONAL CJM COURT ERNAKULAM DATED 24.08.2022

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RESPONDENTS' EXHIBITS:

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Exhibit R4-1	True copy of the registered by law of the Trust Deed No.65/2001 of S.R.O. Noth Paravur, dated 19-03-2001
Exhibit R4-2	A true copy of the letter dated 22/01/2014 issued from Kotak Mahindra Bank to the 7th respondent
Exhibit R4-3	A true copy of letter dated 27/01/2014 issued by the 7th respondent to the Manager, Kotak Mahindra Bank
Exhibit R4-4	A true copy of communication dated 30/04/2014 issued by Kotak Mahindra Bank Ltd., to the 4th respondent
Exhibit R4-5	A true copy of Certificate dated 25/06/2014 issued by M.P.J. Nampoothiri and Co
Exhibit R4-6	A true copy of Certificate dated 28/12/2015 issued by M.P.J. Nanpoothiri and Co
Exhibit R4-7	A true copy of Certified Copy Resolution dated 19/12/2015 of Gurudeva Trust
Exhibit R4-8	True copy of Net Worth certificate dated 31/12/2015 issued in favour of Respondent No. 7
Exhibit R4-8(a)	True copy of Net Worth Certificate dated 31/12/2015 issued in favour of K.R. Kusuman

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: 24 :

¶136

Exhibit R4-8(b) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of G. Suseelan

¶137

Exhibit R4-8(c) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of P.B. Bhaskaran

¶138

Exhibit R4-8(d) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of M.R. Chandrasekharan

¶139

Exhibit R4-8(d) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of M.R. Chandrasekharan

¶140

Exhibit R4-8(e) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of K.N. Padmanabhan (R9)

¶141

Exhibit R4-8(f) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of P. Prakasan

¶142

Exhibit R4-8(g) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of M.V. Anirudhan

¶143

Exhibit R4-8(h) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of Saseendran AS.

¶144

Exhibit R4-8(i) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of Dr. P.N. joshy

¶145

Exhibit R4-8(j) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of M.S. Sreekumar

¶146

Exhibit R4-8(k) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of Jiji Ramesh

¶147

Exhibit R4-8(l) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of Suresh Babu A.G

¶148

Exhibit R4-8(m) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of Radhakrishnan C.N.

¶149

Exhibit R4-8(n) True copy of Net Worth Certificate dated 31/12/2015 issued in favour of N.S. Sudhi

¶150

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: 25 :

¶152

Exhibit R4-9 A true copy of letter dated 04/03/2016 issued from Kotak Mahindra Bank Ltd.to the 7th respondent Exhibit R4-10 A true copy of letter dated 04/03/2016 issued by the Secretary to the Kotak Mahindra Bank Exhibit R4-11 A true copy of the statement of banking account of Gurudeva Trust during 01/12/2015 to 31/12/2015 Exhibit R4-12 A true copy of day book of Gurudeva Trust during the period 01/04/2015 to 31/03/2016 Exhibit R5 True copy of the Judgment in WP (C) No. 30379/2019 dated 16.11.2021 Exhibit R5(a) True copy of Judgment dated 07.01.2022 of Hon'ble High Court of Kerala in WP (C) No. 6535/2021 Exhibit R5(b) True copy of the demand notice issued by 6th respondent dated 09.01.2021 Exhibit R5(c) True copy of the possession notice issued by the 6th respondent dated 04.03.2022 Exhibit R5(d) True copy of the notice issued by the Advocate Commissioner dated 15.09.2022 Exhibit R5(e) True Copy of the Order in IA No.2169/2022 was dismissed by the Hon'ble Debts Recovery Tribunal Court No.1 Ernakulam dated 10.10.2022 Exhibit R5(f) True copy of the Judgment in OP(DRT) No. 402/2022 dated 19.10.2022 Exhibit R5(g) True copy of the Order passed by this Hon'ble Court in OP(DRT) No. 433/2022 dated 02.12.2022 Exhibit R5(h) True copy of the Judgment in OP(DRT) No. 433/2022 dated 16.12.2022 Exhibit R5(i) True copy of the circular of Reserve of Bank of India RBI/2020-21/20 DOR.No.BP.BC/7/21.04.048/2020-21 dated 06.08.2020 Exhibit R5(j) True copy of the Order passed by this Hon'ble Court in W.P.(C) No. 771/2023 dated 20.02.2023

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: 26 :

¶155

Exhibit R5(k)	True copy of the Order in W.A. No. 606/2023 dated 20.03.2023
Exhibit R5(l)	True copy of the Order passed by this Hon'ble Court in W.A. No. 606/2023 dated 27.03.2023
Exhibit R5(m)	True copy of the Judgment in W.A. No. 606/2023 dated 17.11.2023
Ext.R7(a)	True copy of the letter dated 18/5/2016 from the 5th respondent bank
Ext.R7(b)	Representation dated 14/12/2020 submitted by the 7th respondent
Ext.R7(C)	True copy of letter dated 6/1/21 issued by the 5th respondent bank

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: 27 :

¶158

APPENDIX OF WP(C) 28766/2023

¶159

PETITIONER'S EXHIBITS:

¶160

Exhibit P1 A TRUE COPY OF THE TRUST DEED OF GURUDEVA TRUST DATED 19.03.2001 Exhibit P2 A TRUE COPY OF THE ORDER IN M.C. NO. 520/2022 OF ADDITIONAL CJM COURT ERNAKULAM DATED 24.08.2022

¶161

RESPONDENT'S EXHIBITS

¶162

Exhibit R1	TRUE COPY OF THE JUDGMENT IN WP (C) NO. 30379/2019 DATED 16.12.2021
Exhibit R1(a)	TRUE COPY OF JUDGMENT OF HON'BLE HIGH COURT OF KERALA IN WP (C) NO. 6535/2021 DATED 07.01.2022
Exhibit R1(b)	TRUE COPY OF THE DEMAND NOTICE ISSUED BY 2ND RESPONDENT UNDER SECTION 13(2) OF THE SARFAESI ACT DATED 09.01.2021
Exhibit R1(c)	TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 04.03.2022
Exhibit R1(d)	TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 15.09.2022
Exhibit R1(e)	TRUE COPY OF THE ORDER IN IA NO.2169/2022 ISSUED BY THE HON'BLE
	DEBTS RECOVERY TRIBUNAL COURT NO.1 ERNAKULAM, BY ORDER DATED 10.10.2022
Exhibit R1(f)	TRUE COPY OF THE JUDGMENT IN OP(DRT) NO. 402/2022 DATED 19.10.2022
Exhibit R1(g)	TRUE COPY OF THE ORDER PASSED BY THE HON'BLE COURT IN OP(DRT) NO. 433/2022 DATED 02.12.2022
Exhibit R1(h)	TRUE COPY OF THE JUDGMENT IN OP(DRT) NO. 433/2022 DATED 16.12.2022
Exhibit R1(i)	TRUE COPY OF THE CIRCULAR OF RESERVE OF BANK OF INDIA RBI/2020-21/20
	DOR.NO.BP.BC/7/21.04.048/2020-21 DATED 06.08.2020

¶163

W.P.(C) No.771/2023 & connected cases : 28 :

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Exhibit R1(j) TRUE COPY OF THE ORDER PASSED BY THE HON'BLE COURT IN W.P.(C) NO. 771/2023 DATED 20.02.2023 Exhibit R1(k) TRUE COPY OF THE ORDER PASSED IN W.A. NO. 606/2023 PASSED BY THE HON'BLE COURT DATED 20.03.2023 Exhibit R1(l) TRUE COPY OF THE ORDER PASSED BY THE HON'BLE COURT IN W.A. NO. 606/2023 DATED 27.03.2023

Amal Babu v. All India Council for Technical Education

Case brief

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What the court decided

Amal Babu v. All India Council for Technical Education

Case brief

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What the court decided

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