IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 29747 OF 2021
PETITIONER/S:
UVAICE
S/O. HASSAN, AGED 33 YEARS
POONAKUDIYIL HOUSE, PALLARIMANGALAM P O,
PIDAVOOR KARA, VARAPETTY VILLAGE, KOTHAMANGALAM
TALUK, ERNAKULAM DISTRICT.
BY ADV T.A.KATHIRUKUNJU
RESPONDENT/S:
1 THE AXIS BANK LIMITED
REPRESENTED BY ITS MANAGER, KOTHAMANGALAM BRANCH,
ERNAKULAM DISTRICT-686691.
2 AUTHORISED OFFICER
AXIS BANK RETAIL ASSET CENTRE, 5TH FLOOR, CHICKAGO
PLAZA, RAJAJI ROAD, ERNAKULAM DISTRICT-682035.
BY ADVS.
C.VIVEK
SREEKALA KRISHNADAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).29747/21 2
JUDGMENT
Petitioner has approached this court being aggrieved by proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the SARFAESI Act) against the petitioner by the 1st respondent bank.
2. The learned counsel appearing for the petitioner submits that the proceedings are illegal and unsustainable. It is submitted that there is no reason for the bank to take physical possession of the petitioner's secured assets.
3. The learned counsel appearing for the 1st respondent bank submits that the original application filed by the bank was allowed by the Debts Recovery Tribunal on 4.6.2018. It is submitted that though the petitioner has filed an application for setting aside the ex parte decree, it was dismissed by the Tribunal on 7.4.2021 and the second application filed for the same relief is now listed for consideration on 9.8.2022. It is submitted that there is absolutely no effort on the part of the petitioner to make any payment towards the loan account and the bank was, therefore, forced to initiate proceedings under the SARFAESI Act. It is also submitted that proceedings are pending before the Recovery Officer for recovery of amounts due under the certificates issued by the Debts Recovery Tribunal on the original application filed by the bank.
Having regard to the aforesaid submissions, this writ petition is disposed of directing that the petitioner may avail his remedies against any action taken W.P.(C).29747/21 3 by the 1st respondent bank under the provisions of the SARFAESI Act before the Tribunal by filing an application under Section 17 of the SARFAESI Act. To enable the petitioner to do so, the period during which this writ petition was pending in this court, namely from 20.12.2021 till today (6.7.2022), shall be excluded for the purposes of determining the period of limitation. Status quo as on today shall be maintained for a period of two weeks to enable the petitioner to seek appropriate reliefs from the Tribunal. It is made clear that the above benefits shall be available to the petitioner only if he files the application as aforesaid, within a period of ten days from today. The Tribunal will be free to decide the matter in accordance with law and untrammelled by any observation in this judgment.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE okb/6.7 //True copy// P.S. to Judge W.P.(C).29747/21 4 APPENDIX OF WP(C) 29747/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE WELCOME LETTER FROM THE 1ST RESPONDENT BANK.
Exhibit P2 TRUE COPY OF THE LEASE AGREEMENT WITH LAND OWNERS AT CHINNAKANAL DATED 23.08.2014.
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 10.12.2015.
Exhibit P4 TRUE COPY OF THE REPLY NOTICE DATED 15.12.2015.
Exhibit P5 TRUE COPY OF THE FINAL ORDER IN DRT DATED 4.6.2018.
Exhibit P6 TRUE COPY OF THE EXPARTE SET ASIDE PETITION DATED 01.10.2019.
Exhibit P7 TRUE COPY OF THE LICENCE FROM THE ADIMALI PANCHAYATH DATED 7.5.2015.
Exhibit P8 TRUE COPY OF THE COMMISSIONER ADVOCATE'S NOTICE DATED 13.01.2020.
Exhibit P9 TRUE COPY OF M C NO.808/2018 DATED 18.12.2018 OF JFCM COURT, ERNAKULAM.
Exhibit P10 TRUE COPY OF THE PETITIONER'S COMPLAINT DATED 13.11.2019.
Exhibit P11 TRUE COPY OF THE JUDGMENT IN WPC NO.6935/21 OF THE HIGH COURT OF KERALA DATED 29.10.2021. Exhibit P12 TRUE COPY OF THE PETITION IN M A 270/2021 TO SET ASIDE EXPARTE ORDER DATED 19.11.2021 OF DRT-1, ERNAKULAM.