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Kerala High Court
James Jacob vs The Chief Manager on 14 May, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WA NO. 663 OF 2024
AGAINST THE JUDGMENT DATED 08-04-2024 IN WP(C) NO.14607 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT/PETITIONER:
JAMES JACOB,
AGED 56 YEARS
SON OF CHACKO, JEERAKATHIL HOUSE, NJANDUPURA P.O.,
ELIKULAM VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM
DISTRICT, KERALA, PIN - 686577.
BY ADV LUKE J CHIRAYIL
RESPONDENT/RESPONDENT:
THE CHIEF MANAGER
THE SOUTH INDIAN BANK LTD., 1ST FLOOR, REGENCY SQUARE,
K.K. ROAD, COLLECTORATE P.O., KOTTAYAM DISTRICT,
KERALA, PIN - 686002.
SRI.SUNIL SHANKAR P - GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 663 OF 2024
2
T.R. RAVI & HARISANKAR V. MENON, JJ.
--------------------------------------------
WA No.663 of 2024
(Arising from judgment dt.8.4.2024 in WP(C)No.14607/2024)
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Dated this the 14th day of May, 2024
JUDGMENT
T.R. RAVI, J.
The appellant has filed this appeal being aggrieved by the judgment of a learned Single Judge disposing of the writ petition directing the appellant to approach the Debt Recovery Tribunal invoking Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). This Court had also directed to defer the coercive proceedings, if any, against the appellant for a period of two weeks in order to enable the appellant to approach the Debts Recovery Tribunal.
2. The contention of the appellant is that once the civil court has passed an order of injunction the Chief Judicial Magistrate ought not have exercised jurisdiction under the SARFAESI Act. The said contention has already been WA NO. 663 OF 2024 3 addressed and answered by the learned Single Judge. The learned Single Judge has also found that there is a specific power of jurisdiction under Section 34 of the SARFAESI Act.
We do not find anything wrong with the order of the learned Single Judge. Faced with the situation, the learned counsel for the appellant requests for further time to approach the DRT.
In the above circumstances, this writ appeal is dismissed.
However, the coercive steps shall be kept in abeyance for a period of two weeks within which time the appellant may approach the Debt Recovery Tribunal for orders.
Sd/-
T.R.RAVI JUDGE Sd/-
HARISANKAR V. MENON JUDGE mpm WA NO. 663 OF 2024 4 APPENDIX OF WA 663/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF O.S. NO. 337 OF 2023 DATED 01.12.2023 ON THE FILES OF THE HON'BLE MUNSIFF COURT, KANJIRAPPALLY.
Exhibit P2 TRUE COPY OF THE PETITION DATED 02.12.2023 NUMBERED AS I.A. NO. 2 OF 2023 IN O.S. NO. 337 OF 2023 DATED 01.12.2023 ON THE FILES OF THE HON'BLE MUNSIFF COURT, KANJIRAPPALLY.
Exhibit P3 TRUE COPY OF THE INJUNCTION ORDER DATED 05.12.2023 NUMBERED AS I.A. NO. 2 OF 2023 IN O.S. NO. 337 OF 2023 ON THE FILES OF THE HON'BLE MUNSIFF COURT, KANJIRAPPALLY. Exhibit P4 TRUE COPY OF THE INJUNCTION SCHEDULE FILED BY THE PETITIONER IN EXT. P1.
Exhibit P5 TRUE COPY OF THE COMMISSION REPORT DATED 08.01.2024 IN O.S. NO. 337 OF 2023 ON THE FILES OF THE HON'BLE MUNSIFF COURT, KANJIRAPPALLY.
Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 15.11.2023 NUMBERED AS KBELKM12/2023-24 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ELIKKULAM, PANAMATTOM P.O. Exhibit P7 TRUE COPY OF THE CASE STATUS OF MC NO. 134 OF 2024 ON THE FILES OF THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM OBTAINED FROM E COURTS WEBSITE.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 20.03.2024
ISSUED BY ADV. CHIPPY BABU TO THE
PETITIONER HEREIN AND ANCY JAMES. Exhibit P9 TRUE COPY OF THE LEGAL NOTICE DATED 20.03.2024 ISSUED BY ADV. LAKSHMY S. TO THE PETITIONER HEREIN AND MRS. ANCY JAMES. Exhibit P10 TRUE COPY OF THE ORDER DATED 12.12.2023 IN CRL. MC NO. 9492/2023 ON THE FILES OF THE HONOURABLE HIGH COURT OF KERALA.