Surialekha P vs Union Bank Of India
2022 Latest Caselaw 352 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
       THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                      WP(C) NO. 560 OF 2022
PETITIONER/S:

            SURIALEKHA P
            AGED 51 YEARS
            W/O GOKUL GOVIND, PROPRIETRIX, M/S COMPU NEEDS
            COMMUNICATIONS, D-0, PERIYAR, TECHNOPARK,
            THIRUVANANTHAPURAM-695581.

            BY ADVS.
            V.K.PEERMOHAMED KHAN
            GIRISH KUMAR V.C



RESPONDENT/S:

   1        UNION BANK OF INDIA
            REPRESENTED BY ITS MANAGER, TRIVANDRUM MAIN
            BRANCH, P B NO.307, M G ROAD, STATUE
            THIRUVANANTHAPURAM-695001.

   2        THE AUTHORIZED OFFICER
            UNION BANK OF INDIA, UNION BANK BUILDING, P BOX
            NO.307, M G ROAD, STATUE, THIRUVANANTHAPURAM-
            695001.


OTHER PRESENT:

          ADV.A.S.P.KURUP-SC




       THIS   WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION     ON   13.01.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No.560/2022

                                   ..2..

               BECHU KURIAN THOMAS, J.
     -----------------------------------------
                WP.(C) No. 560 of 2022
      ----------------------------------------
       Dated this the 13th day of January, 2022


                              JUDGMENT

Petitioner challenges Ext.P1 and Ext.P7 in

this writ petition. Ext.P1 is the notice under

Section 13(2) of the Securitization and

Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002

(for short, "SARFAESI Act") dated 24.07.2019

while Ext.P7 is another notice under Section

13(2) of the SARFAESI Act dated 20.09.2021.

2. Ext.P7 is issued after withdrawing Ext.P1.

Therefore, as on date all what remains is only

Ext.P7 notice under Section 13(2) of the

SARFAESI Act. It is settled that a notice

issued under Section 13(2) of the SARFAESI Act

does not give rise to cause of action for

being challenged either before a Debt Recovery WPC No.560/2022

..3..

Tribunal or before any other court.

In view of the above, reserving liberty of the

petitioner to file a proper petition

challenging the steps initiated pursuant to

Section 13(2) of the SARFAESI Act, this writ

petition shall stand closed.

Sd/-

BECHU KURIAN THOMAS

JUDGE Bka/13.01.2022 WPC No.560/2022

..4..

APPENDIX OF WP(C) 560/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE.

Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE RELEVANT PERIOD.

Exhibit P3 TRUE COPY OF THE WRITTEN OBJECTION SUBMITTED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD SHOWING THE SERVICE OF WRITTEN OBJECTION.

Exhibit P5 TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT BANK BEFORE THE CJM COURT, THIRUVANANTHAPURAM.

Exhibit P6 TRUE COPY OF THE ORDER/PROCEEDINGS OF THE DRT-II, ERNAKULAM.

Exhibit P7 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT BANK.

Exhibit P8 TRUE COPY OF THE WRITTEN OBJECTION SUBMITTED BY THE OWNER OF THE PROPERTY.

Exhibit P9 TRUE COPY OF THE PETITION WITHOUT ANNEXURES IN IA NO.1573/2021 IN S A NO.358/2019 ON THE FILES OF DRT-II, ERNAKULAM.