Vijin Raj R vs Authorised Officer/Chief ...
2022 Latest Caselaw 4742 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                        WP(C) NO. 14628 OF 2022
PETITIONER:

          VIJIN RAJ R.
          AGED 32 YEARS
          S/O. RAJU, C.R. BHAVAN,
          CHAVALLUR POTTA,
          ARAYUR P. O., THIRUVANANTHAPURAM,
          PIN - 695 122.

          BY ADVS.
          R.T. PRADEEP
          M. BINDUDAS
          K.C. HARISH


RESPONDENT:

          AUTHORISED OFFICER/CHIEF MANAGER
          KERALA GRAMIN BANK,
          REGIONAL OFFICE,
          PRAVIN TOWERS, BAKERY JUNCTION,
          THIRUVANANTHAPURAM,
          PIN - 695 014.

          SRI. JAWAHAR JOSE - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14628 OF 2022

                                 2




                              JUDGMENT

The petitioner challenging the recovery proceedings

initiated against him under the provisions of SARFAESI

Act.

2. Sri.Jawahar Jose, the learned Standing

Counsel appearing for the respondent.

3. Since the petitioner is having an adequate

remedy under Section 17 of the Act, this Court is of the

view that, this writ petition is not maintainable. In such

circumstances, this writ petition is disposed of relegating

the petitioner to approach the Debt Recovery Tribunal

challenging the notice impugned in this case by invoking

his statutory remedy.

In order to facilitate the petitioner to do so, the

coercive proceedings initiated against the petitioner

herein shall be kept in abeyance for a period of one WP(C).No.14628 OF 2022

week. It is clarified that the interim order granted is

only to enable the petitioner to avail the statutory

remedy and I have not expressed any opinion on the

merits of the case.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

SPR WP(C).No.14628 OF 2022

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 03.03.2022 IN M.C.NO.141/2022 BY CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 26.03.2022 BY ADVOCATE COMMISSIONER TO TAKE PHYSICAL POSSESSION OF SECURED ASSET ON 28.04.2022.

RESPONDENT'S EXHIBITS: NIL.