IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 19169 OF 2022
PETITIONERS:
1 RAMLA,
AGED 45 YEARS, D/O. UMMAR KOYA,
PARAKKAL HOUSE, G.A. COLLEGE (P.O.),
KOZHIKODE-673014.
2 AYISHA,
AGED 72 YEARS, W/O. UMMAR KOYA,
PARAKKAL HOUSE, G.A. COLLEGE (P.O.),
KOZHIKODE-673014.
3 MOIDEENKUTTY,
AGED 48 YEARS, S/O. UMMAR KOYA, PARAKKAL HOUSE,
G.A. COLLEGE (P.O.), KOZHIKODE-673014.
BY ADV ANUROOPA JAYADEVAN
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK,
(FORMER KOZHIKODE DISTRICT CO-OPERATIVE BANK LIMITED)
P.B. NO.503, CHALAPPURAM P.O., KOZHIKODE,
REPRESENTED BY ITS AUTHORISED OFFICER,
SAJITH KUMAR K.K., PIN-673002
2 KOYA HASSAN,
AGED 51 YEARS, S/O.UMMAR KOYA,
PARAKKAL HOUSE, G.A. COLLEGE P.O., KOZHIKODE-673014.
3 ASHARAF,
S/O. MUHAMMAD KOYA, MUBARAK VILLA, PARAMMAL HOUSE,
PERUMANNA P.O., KOZHIKODE-673019.
ADV.P.C.SASIDHARAN (S.C)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19169 OF 2022 2
JUDGMENT
Petitioners have approached this Court challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) for recovery of the amounts allegedly due from the petitioners.
2. The learned counsel for the respondent bank points out that at a stage when a demand notice under Section 13(2) of the SARFAESI Act was issued, the petitioners had approached this Court and this Court had through Ext.P4 judgment declined interference and relegated the petitioners to the remedy under Section 17 of the SARFAESI Act. It is submitted that the petitioners did not approach the Debts Recovery Tribunal in terms of Ext.P4 judgment and they have now filed the present writ petition after Ext.P7 notice was issued by the Advocate Commissioner appointed by the Chief Judicial Magistrate Court, Kozhikode to take physical possession of the property.
3. The learned counsel appearing for the petitioners would submit that the petitioners are poor, uneducated people and they were not aware that they should have WP(C) NO. 19169 OF 2022 3 approached the Debts Recovery Tribunal following Ext-P4 judgment.
4. Though the said submission is difficult to accept considering the fact that the petitioners had approached this Court through a lawyer engaged by them, I am of the view that one more opportunity can be granted to the petitioners to approach the Debts Recovery Tribunal against the proceedings now initiated by the Bank. Accordingly this writ petition will stand disposed of directing that if the petitioners filed an application under Section 17 of the SARFAESI Act before the Tribunal within a period of 2 weeks from today, taking of the physical possession of secured asset shall be deferred by a period of 1 month from today to enable the petitioners to obtain appropriate interim orders from the tribunal.
This writ petition will stand disposed of with the above direction.
Sd/-
GOPINATH P.
JUDGE ats WP(C) NO. 19169 OF 2022 4 APPENDIX OF WP(C) 19169/2022 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.201/1968 OF THE CHEVAYOOR SRO.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF UMMER KOYA DATED 10/03/2004.
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 30/08/2019 ISSUED UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 BY 1ST THE RESPONDENT TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 08/01/2020 IN WPC NO. 35428/2019. Exhibit P5 TRUE COPY OF FIR DATED 11/02/2020 OF PANTHEERANKAVU POLICE STATION.
Exhibit P6 TRUE COPY OF THE PETITION BEFORE THE DISTRICT POLICE COMMISSIONER, KOZHIKODE DATED 12/04/2022. Exhibit P7 TRUE COPY OF THE POSSESSION NOTICE DATED 21/05/2022 ISSUED BY KHADEEJA SUZNA, ADVOCATE COMMISSIONER.