Friday vs Abdul Bari
2021 Latest Caselaw 11816 Ker

WP(C) 9469/2021                                  1/4



                   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.9469/2021(G)


PETITIONERSFor information purpose only
       1.ABDUL BARI,AGED 47 YEARS,S/O. ALI HAJI, CHALAKKARA HOUSE,
       THACHAMPOYIL P.O., THAMARASSERY, KOZHIKODE-673573.
       2.ABDUL GAFOOR,AGED 56 YEARS,S/O. SAINUDEEN, OZHAKERIPARMABIL
       HOUSE, THAMARASSERY, KOZHIKODE-673573.

RESPONDENTS

       1.THE AUTHORIZED OFFICER,CANARA BANK LIMITED, ARM BRANCH, 2ND
       FLOOR, CANARA BANK BUILDING, CHITOOR ROAD, ERNAKULAM SOUTH,
       ERNAKULAM-682016.
       2.CANARA BANK,IRINJALAKUDA BRANCH, THRISSUR DISTRICT-680121,
       REPRESENTED BY ITS MANAGER.

         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 P5 and P6 sale notice till the disposal of   Writ Petition.


         This petition coming on for admission upon perusing the petition and the affidavit filed
in support of WP(C) and upon hearing the arguments of M/S JOHNSON JOSE
PANJIKKARAN, P.H.RIMJU, Advocates for the petitioners the court passed the following
                             A.M.BADAR, J
           ===============================================
                        WP(C) No. 9469 of 2021
            ==============================================
                 DATED THIS THE 9th day of April, 2021

                                   ORDER

For information purpose only Petitioners are guarantors of the loanee. Challenging the action

taken by the secured creditors under the SARFAESI Act, they preferred

securitization application bearing number 358/2018 before the learned

DRT-II, Kerala. It is averred by the petitioners that the secured assets

are agricultural lands exempted from the purview of the SARFAESI Act

as per provisions of Section 31 thereof.

The learned counsel for the petitioners drew my attention to

observations of the learned Tribunal found in paragraph 31 of the

judgment in the Securitization Application and contended that even the

learned Advocate Commissioner had reported that the secured assets

are agricultural land. It is further argued that the Advocate

Commissioner had placed on record, certificates issued by the

Agricultural Officer which are at Exts.P3 and P4 in this petition to

demonstrate that the secured assets are agricultural land. However, the

Securitization Application came to be dismissed. The learned counsel

for the petitioner, by drawing my attention to paragraph 9 of the

petition, has made a statement that the petitioner has already

preferred an appeal alongwith stay application before the learned DRAT

at Chennai. But because of rising Covid-19 cases, his appeal and

stay application are not being considered by the learned DRAT. With

For information purpose only this, it is submitted that the respondents have now issued sale

notices which are at Ext.P5 and P6.

The learned standing counsel appears and takes notice for the

respondents No. 1 and 2. She drew my attention to paragraph 33 of

the judgment passed by the learned DRT-II, Ernakulam, rejecting

the Securitization Application and submits that the secured assets

cannot be construed as an agricultural land.

Considering the fact that the petitioner has preferred an appeal

alongwith stay application before the learned DRAT, Chennai and the

same is not being considered because of rise in Covid-19 cases by

the said authority coupled with the fact that the respondents have

issued sale notices, interim stay as prayed is granted till next date of

hearing. Put up the petition for hearing after twelve weeks.

In the meanwhile, the petitioners should pursue his appeal and

stay petitions before the learned DRAT-Chennai.

sd/-

                                                    A.M.BADAR
Nsd                                                    JUDGE




                                  /true copy/    Sd/- ASSISTANT REGISTRAR
 KLHC010254772021                   4/4

EXHIBIT P3 - TRUE COPY OF THE CERTIFICATE DATED 12/12/2018 ISSUED BY KRISHI BHAVAN, THAMARSSERY IN THE NAME OF 1ST PETITIONER. EXHIBIT P4 - TRUE COPY OF THE CERTIFICATE DATED 12/12/2018 ISSUED BY KRISHI BHAVAN, THAMARARSSERY IN THE NAME OF 2ND PETITIONER. EXHIBIT P5 - TRUE COPY OF THE SALE NOTICE DATED 22/03/2021 ISSUED TO 1ST PETITIONER.

EXHIBIT P6 - TRUE COPY OF THE SALE NOTICE DATED 22/03/2021 ISSUED TO

For information purpose only 2ND PETITIONER.