Kerala High Court
Biji Suresh vs Reserve Bank Of India on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.1885 OF 2021(I)
PETITIONER:
BIJI SURESH
AGED 50 YEARS
W/O SURESH BABUSREEDHARAN, RESIDING IN VILAYIPUTHAN
VEEDU, ARINALLOR P O, THEVALAKKARA KOLLAM-690538.
BY ADV. SMT.I.S.LAILA
RESPONDENTS:
1 RESERVE BANK OF INDIA
6 SANSAD MARG AREA NEW DELHI-11001, REPRESENTED BY
AUTHORISED OFFICER.
2 RESERVE BANK OF INDIA
BANERJI ROAD,
ERNAKULAM NORTH, KALOOR, ERNAKULAM, KERALA 682018,
REPRESENTED BY AUTHORISED OFFICER.
3 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
4 BANK OF BARODA
BARODA CORPORATE CENTRE, BANDRA KURLA COMPLEX,
BANDRA, MUMBAI-400052, REPRESENTED BY SENIOR MANAGER.
5 BANK OF BARODA
KARUNAGAPPALLY BRANCH, 1ST FLOOR, K P1/1624, BHAVANI
TRADE CENTRE,
HIGH SCHOOL JUNCTION, NATIONAL HIGHWAY 47,
KARUNGAPPALLI, KERALA PIN-690518, REPRESENTED BY ITS
BRANCH MANAGER.
6 M VISHNU
AGED 31 YEARS
S/O K MURALEEDHARAN PILLAI, RESIDING IN PALAZHY,
VENGAL P O, SASTHAMKOTTA, MYNAGAPPALLY VILLAGE,
VENGA MURI,
KUNNATHOOR TALUK,
KOLLAM DISTRICT,
KERALA STATE-690521.
WP(C).No.1885 OF 2021(I)
2
7 THE SUB REGISTRAR OFFICE SHASTHAMKOTTAH
SHASTHAMKOTTAH,
KUNNATHUR, KOLLAM,
KERALA-690521.
REPRESENTED BY SUB REGISTRAR.
R5 BY ADV. SRI.NAGARAJ NARAYANAN
R5 BY ADV. SRI.BENOJ C AUGUSTIN
R5 BY ADV. SRI.RAFEEK. V.K.
R5 BY ADV. SMT.J.KASTHURI
R5 BY ADV. SRI.U.M.HASSAN
R5 BY ADV. SMT.P.PARVATHY
R5 BY ADV. SMT.SURYA P SHAJI
R5 BY ADV. SMT.AATHIRA SUNNY
R5 BY ADV. SHRI.MANAS P HAMEED
R5 BY ADV. SHRI.ELDHO.N.MONCY
R4- SRI.NAGARAJ NARAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1885 OF 2021(I)
3
JUDGMENT
Dated this the 25th day of January 2021
Heard the learned counsel for the petitioner.
2. Following are the reliefs claimed in the instant petition.
(I) To issue a writ of certiorari or other appropriate writ or
order to set aside the public auction conducted by the 4 th and the
5th respondent Bank on 21.07.1010 and subsequent sale
proceedings based on Ext.P18 Sale Certificate.
(ii) To issue a writ of certiorari or other appropriate writ or
order to call for records of public auction conducted by the 4 th and
5th respondent Bank on 21.07.2020 and subsequent sale
proceedings based on Ext.P18 Sale Certificate.
3. It is thus clear that steps taken by the secured creditor
under the SARFAESI Act are impugned in the instant petition.
4. Learned counsel for the petitioner argued that the
respondents ought not to have taken steps as impugned in the
instant petition in the wake of order of this Court dated 3.08.2020
and 07.09.202 in WP(C) No. 9400/2020 (suo motu) imposing
restrictions for recovery during Covid - 19 pandemic.
Considering the nature of reliefs sought in the instant petition,
the same is not maintainable in the light of judgment of the Hon'ble
Apex Court in the matter of Authorized Officer, State Bank of
Travancore and another vs.Mathew K.C ((2018) 3 Supreme
WP(C).No.1885 OF 2021(I)
Court Cases 85)(DB), this writ petition is dismissed. The petitioner
is free to take recourse of the alternate remedy if the same is
available according to law of limitation.
Sd/-
A.M.BADAR
Nsd JUDGE
//true copy//
PA to Judge
WP(C).No.1885 OF 2021(I)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TITLE DEED NO 3604 OF 2008
DATED 14.11.2008 OF THE SRO, SASTHAMKOTTA
IN RESPECT OF 5.67 ARES OF ALND IN RESURVEY
NO.264/13-1 IN OLD SURVEY 622/2 A IN BLOCK
NO.14 SITUATED IN SASTHAMKOTTA VILLAGE,
KUNNATHOOR TALUK.WITH ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT NO.2331633
DATED 05.02.2014 WITH ENGLISH TRANSLATION.
EXHIBIT P3 TRUE COPY OF THE ENCUMBRANCES CERTIFICATE
NO.799 OF 2014 DATED 11.02.2014 (WITH
ENGLISH TRANSLATION.)
EXHIBIT P4 TRUE COPY OF POWER OF ATTORNEY OF EACH
DATED 06/06/2014 OF THE PETITIONER'S
HUSBAND.
EXHIBIT P5 TRUE COPY OF THE POWER OF ATTORNEY OF EACH
DATED 06/06/2014 OF THE PETITIONER TO THEIR
ELDER DAUGHTER RESHMA BIJI SURESH.
EXHIBIT P6 TRUE COPY OF THE BANK STATEMENT DATED
12.11.2019 FROM THE PERIOD OF 23/11/20214
TO 11.11.2019.
EXHIBIT P7 TRUE COPY OF THE DEMAND NOTICE UNDER
SECTION 13(2) OF THE SARFAESI ACT, BASED ON
REFERENCE NO BOB/KPLY/148 DATED 02.07.2018
ISSUED BY THE 5TH RESPONDENT BANK AGAINST
THE PETITIONER HEREIN FOR AN AMOUNT OF RS
52,87,949 TAKEN FROM RECORDS OF OA 37 OF
2020 COPY FROM THE FILE OF DEBT RECOVERY
TRIBUNAL
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF THE PETITIONER.
EXHIBIT P8(A) TRUE COPY OF THE WEDDING CARD DATED
15/12/2020 OF THE PETITIONER'S ELDER
DAUGHTER.
EXHIBIT P9 TRUE COPY OF THE LETTER SUBMITTED TO THE
BRANCH MANAGER OF THE 5TH RESPONDENT HEREIN
WITH ENGLISH TRANSLATION.
WP(C).No.1885 OF 2021(I)
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 08/07/2020
GIVEN BY THE PETITIONER TO THE 4TH
RESPONDENT THIRUVANANTHAPURAM ADDRESS.
EXHIBIT P11 TRUE COPY OF THE SPEED POST RECEIPT DATED
08/07/2020.
EXHIBIT P12 TRUE COPY OF THE CIRCULAR NO. RBI/2019-
20/186 DATED 27TH MARCH 2020.
EXHIBIT P13 TRUE COPY OF THE CIRCULAR NO RBI/2019-
20/220 OF 17/04/2020.
EXHIBIT P14 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT ON 30.06.2020 U=IN WPC NO. 9400/2020.
EXHIBIT P15 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT ON 30.08.2020 IN WPC 9400/2020.
EXHIBIT P16 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT O N 7/09/2020 IN WPC NO. 9400/2020.
EXHIBIT P17 TRUE COPY OF THE RELEVANT PAGES OF THE
ORIGINAL APPLICATION WITHOUT ANNEXURES IN
OA 37/2020.
EXHIBIT P18 TRUE COPY OF THE SALE CERTIFICATE HAVING ON
1415 OF 2020.
EXHIBIT P19 TRUE COPY OF THE PROCEEDINGS SHEET BEFORE
THE DEBT RECOVERY TRIBUNAL.
