Jayasree Anandakumar vs The Authorized Officer
2021 Latest Caselaw 9890 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE A.M.BADAR

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                      WP(C).No.5161 OF 2021(U)


PETITIONER:

              JAYASREE ANANDAKUMAR,
              AGED 56 YEARS
              W/O. ANANDKUMAR, PUTHETH MADATHIL HOUSE,
              MULANTHURUTHY, PANGARAPPILLY P. O.,
              ERNAKULAM - 682 314., NOW RESIDING AT - C/O. AISWARYA
              ANANDKUMAR, P. O. BOX NO.17124, DUBAI, UAE.

              BY ADVS.
              SRI.S.SAJU
              SMT.NEELANJANA NAIR
              SMT.POOJA SEBASTIAN

RESPONDENT:

              THE AUTHORIZED OFFICER,
              IRINJALAKKUDA TOWN CO-OPERATIVE BANK LTD.,
              HEAD OFFICE, IRINJALAKKUDA, THRISSUR DISTRICT,
              PIN - 680 121.

              BYSRI.DEVAPRASANTH.P.J., SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5161/2021                2


                              JUDGMENT

Dated this the 24th day of March 2021

The petitioner approached this Court seeking a direction to

the respondent-Bank to permit the petitioner to pay the overdue

amount in instalments and to regularise her loan account. The

petitioner also seeks a direction to keep the proceedings initiated

against her under the SARFAESI Act in abeyance.

2. Learned counsel for the petitioner urged that the

respondent has not followed the provisions of the SARFAESI Act

and the petitioner was not served with notices under

Sections 13(2) and 13(4) of the SARFAESI Act. Therefore,

according to the petitioner, the impugned action taken by the

respondent under the SARFAESI Act is illegal.

3. If the steps provided under the SARFAESI Act are not

followed by the secured creditor, then the remedy of the petitioner

is to approach the Debts Recovery Tribunal for getting the action

taken under the SARFAESI Act quashed and set aside.

In this view of the matter, in the light of the judgment of the

Hon'ble Supreme Court in the matter of Authorised Officer,

State Bank of Travancore and another vs. Mathew K.C

reported in 2018(1) KLT 784, this writ petition, as framed and

filed, is not maintainable. The same is accordingly dismissed.

Needless to mention that the petitioner is free to avail alternate

remedy as prescribed by law.

Sd/-

A.M.BADAR

JUDGE

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE NOTICE AFFIXED BY THE BANK DATED 25.01.2021.

EXHIBIT P1(A) TRUE COPY OF THE TRANSLATION OF EXT.P1.

EXHIBIT P2 TRUE COPY OF THE PASSBOOK COPY UPDATED TILL FEBRUARY, 2017.

EXHIBIT P2(a) THE ENGLISH TRANSLATION OF EXT.P2. RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

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