IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 2430 OF 2022
PETITIONERS:
1 DR P.A.NAZER
SON OF MOHAMAMED HAJI, AEROBIC HOUSE,
KARAD PARAMBU, VAZHAYUR AMSOM AND KARAD DESOM
KARAD P.O., MALAPPURAM -673632.
2 N.RASHEEDA
WIFE OF DR.P.A. NAZER,
KARAD PARAMBU, VAZHAYUR AMSOM AND KARAD DESOM ,
KARAD P.O., MALAPPURAM -673632
3 HAMSA U.P
SON OF KUNJUMOIDU, URINIYAMPULAKKAL HOUSE,
PULAMANTHOLE AMSOM AND DESOM
CHEMMALASSERI P.O., MALAPPURAM - 679323.
BY ADVS.
S.EASWARAN
P.MURALEEDHARAN (IRIMPANAM)
RESPONDENT:
M/S.CANARA BANK, WEST PALACE BRANCH,
SRI KRISHNA BUILDING
1ST FLOOR, WEST PALACE ROAD,
THRISSUR - 680020,
REPRESENTED BY ITS AUTHORISED OFFICER
ADV.SRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2430 OF 2022
2
JUDGMENT
Dated this the 9th day of June, 2022 The petitioners have approached this Court seeking to call for Ext.P3 application under Section 14 of the SARFAESI Act and Ext.P4 order of the Chief Judicial Magistrate's Court, Manjeri and quash the same. The petitioners have also sought to restrain the respondent from taking physical possession of the properties of the petitioners pursuant to Ext.P4 order.
2. The 1st petitioner is the former Chairman and Managing Trustee of a Trust and the 3 rd petitioner is one of its current Trustees. The petitioners submitted in ground A that in the normal circumstances, the measure under Section 14 of the SARFAESI Act constitutes a cause of action to approach the Debt Recovery Tribunal under Section 17. However, the petitioners approached this Court as there was no Presiding Officer in the Tribunal in Ernakulam, for the past few years. WP(C) NO. 2430 OF 2022 3
3. When the writ petition came up for hearing today, the learned Standing Counsel for the respondent submitted that the Debt Recovery Tribunal has started functioning with the sitting of Presiding Officers in both the Benches and the petitioners can very well approach the competent forum.
4. In view of the fact that the petitioners have approached this Court at a time when Presiding Officers of DRT were not sitting and since DRT is functioning in full strength now, this Court is of the view that the petitioners should be relegated to approach the Tribunal for redressal of their grievances.
In the circumstances, the writ petition is dismissed permitting the petitioners to approach the DRT for appropriate relief. If the petitioners approach the DRT within a period of one month from today, the DRT shall exclude the period during which this writ petition has been pending in this Court, in the matter of calculation of limitation in respect of any application WP(C) NO. 2430 OF 2022 4 that may be filed by the petitioners. To enable the petitioners to approach the DRT, it is made clear that the benefit of the interim order passed by this Court on 25.01.2022 will continue to enure to the benefit of the petitioners for a period of one month from today.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 2430 OF 2022 5 APPENDIX OF WP(C) 2430/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE DEMAND NOTICE DATED 11.12.2018 Exhibit P2 COPY OF THE POSSESSION NOTICE DATED 2.3.2019 ISSUED UNDER SECTION 13(4) OF THE SECURITISATION ACT Exhibit P3 COPY OF CRL.M.P 1503 OF 2021 FILED BY THE RESPONDENT UNDER SECTION 14 OF THE SECURITISATION ACT BEOFE THE CHIEF JUDICIAL MAGISTRATE COURT MANJERI Exhibit P4 COPY OF THE ORDER DATED 11.11.2021 IN CRL MP 1503 OF 2021 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT MANJERI Exhibit P 5 COPY OF THE LOAN APPLICATION STATED TO SUBMITTED BY THE PETITIONERS 1 AND 2 Exhibit P 6 COPY OF THE TERM LOAN AGREEMENT DATED 26.11.2014 EXECUTED BY THE PETITIONERS 1 AND 2 Exhibit P 7 COPY OF THE LETTER OF CONFIRMATION OF MORTGAGE DATED 26.11.2014 RESPONDENT'S/S EXHIBITS : NIL