Ajay Chandran vs The Union Of India
2022 Latest Caselaw 6170 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                       WP(C) NO. 10170 OF 2021
PETITIONERS:

    1     AJAY CHANDRAN
          AGED 45 YEARS
          S/O. CHANDRASEKHARAN, PULLAMVILLA PICHANATTU,
          VIRUTHIATH, MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
          ALAPUZHA DISTRICT 689 506

    2     R RAJEEV
          S/O. KESAVA PILLAI, PULLAMVILLA PICHANATTU, VIRUTHIATH,
          MUTHAVAZHY, PANDANAD P.O, CHENGANNUR, ALAPUZHA DISTRICT
          690 518

    3     SHOBANA CHANDRAN,
          W/O. CHANDRASEKHARAN NAIR, PULLAMVILLA PICHANATTU,
          VIRUTHIATH , MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
          ALAPUZHA DISTRICT 690 518

    4     DEVI PRASAD,
          S/O. LATE KESAV PILLAI, PULLAMVILLA PICHANATTU,
          VIRUTHIATH, MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
          ALAPUZHA DISTRICT 690 518

    5     P. RADHAMMA,
          W/O. LATE KESAV PILLAI, PULLAMVILLA PICHANATTU,
          VIRUTHIATH, MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
          ALAPUZHA DISTRICT 690 518

    6     K.C CHANDRASEKHARAN NAIR,
          S/O. KUNJUNNI NAIR, PULLAMVILLA PICHANATTU,
          VIRUTHIATH , MUTHAVAZHY, PANDANAD P.O, CHENGANNUR,
          ALAPUZHA DISTRICT 690 518

          BY ADV C.S.ULLAS
 W.P.(C) No.10170 of 2021                 2

RESPONDENTS:

      1      THE UNION OF INDIA
             REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE
             (DEPARTMENT OF FINANCIAL SERVICE) NEW DELHI 110 001

      2      THE DEBTS RECOVERY TRIBUNAL-2
             (ERNAKULAM AND LAKSHWADEEP) 5TH FLOOR, KERALA STATE
             HOUSING BOARD BUILDING, PANAMPILLY NAGAR,
             ERNAKULAM 682 014
             REPRESENTED BY ITS REGISTRAR.

      3      BANK OF BARODA
             REPRESENTED BY THE CHIEF MANAGER, THIRUVALLA BRANCH,
             MC ROAD, PB NO. 36, THIRUVALLA, PATHANAMTHITTA
             DISTRICT KERALA PIN 689 101.

      4      THE AUTHORISED OFFICER,
             CHIEF MANAGER, BANK OF BARODA, THIRUVALLA BRANCH, MC
             ROAD, P.B NO. 36, THIRUVALLA PATHANAMTHITTA DISTRICT
             KERALA PIN 689 101

      5      ADDL.R5.MR.S.GOPAKUMAR,
             S/O V.K.SANKARAN NAIR,AGED 51 YEARS,
             HAREKRISHNA,MUTHAVAZHY,
             PANDANAD P.O.,CHENGANNUR,PIN-695 018.
             ADDL.R5 IS IMPLEADED AS PER ORDER DATED 14/7/2021 IN
             I.A.NO.3/2021 IN W.P.(C) 10170/2021.

             BY ADVS.
             B.PRAMOD, CGC
             LATHA ANAND
             R.RAMADAS




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.06.2022,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.10170 of 2021               3



                            JUDGMENT

This Writ Petition has been filed by the petitioners

challenging proceedings under the provisions of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Securities Interest Act, 2002 (the SARFAESI

Act) at the instance of the 3 rd and 4th respondents. It is

submitted that though they had filed a statutory appeal under

Section 17 of the SARFAESI Act before the Debt Recovery

Tribunal, the petitioners were constrained to invoke

jurisdiction 226 of the Constitution of India, as there was no

regular siting at the Debt Recovery tribunal, Ernakulam.

2. Today when the matter is taken up for consideration,

it is submitted by the learned counsel appearing for the 3 rd and

4th respondents and Shri.R.Ramadas, learned counsel

appearing for the auction purchaser that the sale which was

impugned has already been conducted and the petitioners

having filed the appeal before the Debt Recovery Tribunal, it is

for him to pursue that remedy.

3. Having regard to the facts and circumstances of the

case, I am of the opinion that the contention taken by the

learned counsel appearing for the Bank and the learned

counsel appearing for the auction purchaser is only to be

upheld. Leaving it to open to the petitioner to pursue his

remedies before the Debt Recovery Tribunal, this Writ Petition

will stand closed.

Sd/-

GOPINATH P.

JUDGE

ats

APPENDIX OF WP(C) 10170/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF NOTICE OF SALE ISSUED BY 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF SA 131/2021 IN THE FILE OF DEBT RECOVERY TRIBUNAL 2 ERNAKULAM

EXHIBIT P3 TRUE COPY OF IA 632/2021 IN SA 131/2021 IN THE FILE OF DEBT RECOVERY TRIBUNAL-2 ERNAKULAM

EXHIBIT P4 TRUE COPY OF PROCEEDING AND ORDER IN WA 384/2021 IN THE FILE OF HONOURABLE HIGHCOURT OF KERALA DOWNLOADED FROM E COURT SITE.