IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 17298 OF 2022
PETITIONER:
BABU SCARIA
AGED 53 YEARS
S/O.P.I.SCARIA, PURAPPANTHANAM HOUSE, PANACKAPALAM,
PASSANAL P.O.
BY ADV S.MUMTAZ
RESPONDENT:
THE FEDERAL BANK LTD.
REP. BY THE AUTHORISED OFFICER, LCRD KOTTAYAM DIVISION,
THEKKUMKAL BUILDING, TB ROAD, KOTTAYAM - 686 001.
BY ADVS.
MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)
REENA THOMAS
NIGI GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.17298/2022 -2-
JUDGMENT
The Petitioner has approached this Court being aggrieved by the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act for recovery of an amount of Rs.3,47, 90,680/- as on 08-12-2020. This court had granted an interim order dated 07-06-2022 directing that further coercive proceedings against the petitioner shall stand adjourned on condition that he pays a sum of Rs.50,00,000/- on or before 30-06- 2022. It is reported that the said condition has not been complied with.
Taking note of the above, I am of the opinion that the petitioner has not shown his bonafides entitling him to discretionary relief of this Court under Article 226 of the Constitution of India. The writ petition is dismissed making it clear that the if the petitioner has any remedy before the Debts Recovery Tribunal, it is always open to him to approach the Debts Recovery Tribunal.
Sd/-
GOPINATH P.
JUDGE AMG W.P (C) No.17298/2022 -3- APPENDIX OF WP(C) 17298/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 15/11/2018. Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 27/03/2019. Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 13/01/2020.
Exhibit P4 TRUE COPY OF THE REQUEST LETTER DATED 26/05/2022 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.