A borrower who availed financial assistance from a co-operative bank sought to pay dues in 40 monthly instalments, challenging CJM court orders and Advocate Commissioner notice arising from SARFAESI proceedings. The court held no writ lies against such proceedings given the statutory alternate remedy and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
WP(C) NO. 989 OF 2024
PETITIONER:
NAFEESA
AGED 52 YEARS
W/O. ALAVI KUTTY, VATTOLI HOUSE, MONGAM,
POOKKOTTUR P.O, MALAPPURAM, PIN – 673642
BY ADV P.C.MUHAMMED NOUSHIQ
RESPONDENT:
MANJERI CO-OPERATIVE URBAN BANK LTD
COURT ROAD, MANJERI P.O, MALAPPURAM - 676121.
REPRESENTED BY ITS GENERAL MANAGER
BY ADV K.VIDYASAGAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.989 of 2024
JUDGMENT
Dated this the 5th day of March, 2024
The petitioner, who has availed financial assistance from
the Manjeri Co-operative Bank Limited, has filed this writ petition seeking to direct the respondent to permit the petitioner to pay the alleged amount due pursuant to Exts.P1 and P2, in 40 monthly instalments after giving due credit to the payment made by the petitioner.
evident that the petitioner is challenging Exts.P1 and P2 which
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WP(C) No.989 of 2024
are orders of the Chief Judicial Magistrate’s Court, Manjeri and notice issued by the Advocate Commissioner. Exts.P1 and P2 arise out of the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
WP(C) No.989 of 2024
4
(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.
7. In South Indian Bank Limited v. Naveen Mathew
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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WP(C) No.989 of 2024
issues of fact and law, including statutory violations.
In the light of the categorical pronouncements of law
made by the Apex Court and by this Court, the above writ
petition is not maintainable and it is dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.989 of 2024
6
APPENDIX OF WP(C) 989/2024
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PETITION IN C.M.P NO.
1760/2019 ON THE FILES OF CHIEF
JUDICIAL MAGISTRATE COURT, MANJERI
Exhibit P2TRUE COPY OF ADVOCATE COMMISSIONER
NOTICE DATED 13.12.2023 TO THE
PETITIONER HEREIN
1 issue framed by the court
Whether a writ petition challenging proceedings under the SARFAESI Act by a borrower seeking instalment payment is maintainable.
Colour shows how this judgement treated each authority
United Bank of India v. Satyawati TondonFollowed¶4
United Bank of India v. Satyawati Tondon [(2010) 8 SCC 110] · Who else cites this
Authorised Officer, State Bank of Travancore v. Mathew K.C.Relied on¶5
Authorised Officer, State Bank of Travancore v. Mathew K.C. [2018 (1) KLT 784]
Anilkumar v. State Bank of IndiaReferred¶6
Anilkumar v. State Bank of India [2020 (2) KLT 756]
South Indian Bank Limited v. Naveen Mathew PhilipRelied on¶7
South Indian Bank Limited v. Naveen Mathew Philip [2023 (4) KLT 29]
Jayakrishnan A. v. Union Bank of IndiaReferred
Jayakrishnan A. v. Union Bank of India (W.P.(C) No.30803/2023)
2 provisions across 2 enactments
Nafeesa
Manjeri Co-operative Urban Bank Ltd
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court