IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 10170 OF 2021
PETITIONERS:
1 AJAY CHANDRAN
AGED 45 YEARS
S/O. CHANDRASEKHARAN, PULLAMVILLA PICHANATTU,
VIRUTHIATH, MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
ALAPUZHA DISTRICT 689 506
2 R RAJEEV
S/O. KESAVA PILLAI, PULLAMVILLA PICHANATTU, VIRUTHIATH,
MUTHAVAZHY, PANDANAD P.O, CHENGANNUR, ALAPUZHA DISTRICT
690 518
3 SHOBANA CHANDRAN,
W/O. CHANDRASEKHARAN NAIR, PULLAMVILLA PICHANATTU,
VIRUTHIATH , MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
ALAPUZHA DISTRICT 690 518
4 DEVI PRASAD,
S/O. LATE KESAV PILLAI, PULLAMVILLA PICHANATTU,
VIRUTHIATH, MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
ALAPUZHA DISTRICT 690 518
5 P. RADHAMMA,
W/O. LATE KESAV PILLAI, PULLAMVILLA PICHANATTU,
VIRUTHIATH, MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
ALAPUZHA DISTRICT 690 518
6 K.C CHANDRASEKHARAN NAIR,
S/O. KUNJUNNI NAIR, PULLAMVILLA PICHANATTU,
VIRUTHIATH , MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
ALAPUZHA DISTRICT 690 518
BY ADV C.S.ULLAS
W.P.(C) No.10170 of 2021 2
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE
(DEPARTMENT OF FINANCIAL SERVICE) NEW DELHI 110 001
2 THE DEBTS RECOVERY TRIBUNAL-2
(ERNAKULAM AND LAKSHWADEEP) 5TH FLOOR, KERALA STATE
HOUSING BOARD BUILDING, PANAMPILLY NAGAR,
ERNAKULAM 682 014
REPRESENTED BY ITS REGISTRAR.
3 BANK OF BARODA
REPRESENTED BY THE CHIEF MANAGER, THIRUVALLA BRANCH,
MC ROAD, PB NO. 36, THIRUVALLA, PATHANAMTHITTA
DISTRICT KERALA PIN 689 101.
4 THE AUTHORISED OFFICER,
CHIEF MANAGER, BANK OF BARODA, THIRUVALLA BRANCH, MC
ROAD, P.B NO. 36, THIRUVALLA PATHANAMTHITTA DISTRICT
KERALA PIN 689 101
5 ADDL.R5.MR.S.GOPAKUMAR,
S/O V.K.SANKARAN NAIR,AGED 51 YEARS,
HAREKRISHNA,MUTHAVAZHY,
PANDANAD P.O.,CHENGANNUR,PIN-695 018.
ADDL.R5 IS IMPLEADED AS PER ORDER DATED 14/7/2021 IN
I.A.NO.3/2021 IN W.P.(C) 10170/2021.
BY ADVS.
B.PRAMOD, CGC
LATHA ANAND
R.RAMADAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.10170 of 2021 3
JUDGMENT
This Writ Petition has been filed by the petitioners challenging proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (the SARFAESI Act) at the instance of the 3 rd and 4th respondents. It is submitted that though they had filed a statutory appeal under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal, the petitioners were constrained to invoke jurisdiction 226 of the Constitution of India, as there was no regular siting at the Debt Recovery tribunal, Ernakulam.
2. Today when the matter is taken up for consideration, it is submitted by the learned counsel appearing for the 3 rd and 4th respondents and Shri.R.Ramadas, learned counsel appearing for the auction purchaser that the sale which was impugned has already been conducted and the petitioners having filed the appeal before the Debt Recovery Tribunal, it is for him to pursue that remedy.
W.P.(C) No.10170 of 2021 4
3. Having regard to the facts and circumstances of the case, I am of the opinion that the contention taken by the learned counsel appearing for the Bank and the learned counsel appearing for the auction purchaser is only to be upheld. Leaving it to open to the petitioner to pursue his remedies before the Debt Recovery Tribunal, this Writ Petition will stand closed.
Sd/-
GOPINATH P.
JUDGE ats W.P.(C) No.10170 of 2021 5 APPENDIX OF WP(C) 10170/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF NOTICE OF SALE ISSUED BY 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF SA 131/2021 IN THE FILE OF DEBT RECOVERY TRIBUNAL 2 ERNAKULAM EXHIBIT P3 TRUE COPY OF IA 632/2021 IN SA 131/2021 IN THE FILE OF DEBT RECOVERY TRIBUNAL-2 ERNAKULAM EXHIBIT P4 TRUE COPY OF PROCEEDING AND ORDER IN WA 384/2021 IN THE FILE OF HONOURABLE HIGHCOURT OF KERALA DOWNLOADED FROM E COURT SITE.