IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
WP(C) NO. 14628 OF 2022
PETITIONER:
VIJIN RAJ R.
AGED 32 YEARS
S/O. RAJU, C.R. BHAVAN,
CHAVALLUR POTTA,
ARAYUR P. O., THIRUVANANTHAPURAM,
PIN - 695 122.
BY ADVS.
R.T. PRADEEP
M. BINDUDAS
K.C. HARISH
RESPONDENT:
AUTHORISED OFFICER/CHIEF MANAGER
KERALA GRAMIN BANK,
REGIONAL OFFICE,
PRAVIN TOWERS, BAKERY JUNCTION,
THIRUVANANTHAPURAM,
PIN - 695 014.
SRI. JAWAHAR JOSE - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14628 OF 2022
2
JUDGMENT
The petitioner challenging the recovery proceedings initiated against him under the provisions of SARFAESI Act.
2. Sri.Jawahar Jose, the learned Standing Counsel appearing for the respondent.
3. Since the petitioner is having an adequate remedy under Section 17 of the Act, this Court is of the view that, this writ petition is not maintainable. In such circumstances, this writ petition is disposed of relegating the petitioner to approach the Debt Recovery Tribunal challenging the notice impugned in this case by invoking his statutory remedy.
In order to facilitate the petitioner to do so, the coercive proceedings initiated against the petitioner herein shall be kept in abeyance for a period of one WP(C).No.14628 OF 2022 3 week. It is clarified that the interim order granted is only to enable the petitioner to avail the statutory remedy and I have not expressed any opinion on the merits of the case.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE SPR WP(C).No.14628 OF 2022 4 APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 03.03.2022 IN M.C.NO.141/2022 BY CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 26.03.2022 BY ADVOCATE COMMISSIONER TO TAKE PHYSICAL POSSESSION OF SECURED ASSET ON 28.04.2022.
RESPONDENT'S EXHIBITS: NIL.