Friday vs Sujith Areekkad
2021 Latest Caselaw 11689 Ker

WP(C) 21308/2020                               1/2



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            Present:
                     THE HONOURABLE MR. JUSTICE A.M.BADAR

                      Friday,the 9th day of April 2021/19th Chaithra, 1943
                                   WP(C) No.21308/2020(K)
PETITIONERS
           For information purpose only
1.SUJITH AREEKKAD,AGED 36 YEARS
     NP-8/394, NEDUVACHIL H, NANMINDA 13, BALUSSERI, CALICUT 673 613.
2.VEEENUS SUJITH,,AGED 30 YEARS
     NP-8/394, NEDUVACHIL H, NANMINDA 13, BALUSSERI, CALICUT 673 613.
RESPONDENTS
1.TATA CAPITAL FINANCIAL SERVICES LIMITED
     PLOT NO. 3 TO 6, 1ST FLOOR, AUTO PLAZA BUILDING, ROAD NO. 3,
     BANJARA HILLS, HYDERABAD 500034, REPRESENTED BY ITS AUTHORIZED
     OFFICER.
2.TATA CAPITAL FINANCIAL SERVICES LIMITED,
     GROUND FLOOR, JAIN TOWER II, NH 17, NEAR LULU MALL EDAPALLY,
     COCHIN, KERALA 682 024, REPRESENTED BY ITS AUTHORIZED OFFICER.

   Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed
along with the WP(C) the High Court be pleased to stay all further proceedings pursuant to
Exhibit P1 sale notice pending disposal of the above Writ Petition(Civil).


  This petition again coming on for orders upon perusing the petition and the affidavit filed in
support of WP(C) and this Court's order dated 15-02-2021 and upon hearing the arguments of
M/S. K.M.SATHYANATHA MENON & KAVERY S THAMPI, Advocates for the
petitioners and of RENJITH B. NAIR & MANSOOR B.H, Advocates for Respondents 1 & 2,
the court passed the following:-
 WP(C) 21308/2020                               2/2



                                          ORDER

The petitioner is challenging sale notice issued under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. Prima Facie, it is seen that the petition is not maintainable in the light of the Judgment of the Hon'ble Supreme Court in Authorised Officer State Bank of Travancore & another V. Mathew K.C. [2018 (1) KLT 78 4] as the same is challenging steps taken by the Secured Creditor under the SARFAESI Act.

For information purpose only At the request of the petitioner, post after vacation. In the meanwhile, interim relief to continue till disposal of the petition.

09-04-2021 Sd/-

A.M.BADAR,JUDGE

/true copy/ Sd/-

ASSISTANT REGISTRAR