Kerala High Court
V.K.Abdul Jaleel vs Indian Overseas Bank on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
OP (DRT) NO. 40 OF 2021
AGAINST THE ORDER/JUDGMENT IN SA 296/2019 OF DEBT RECOVERY
TRIBUNAL, ERNAKULAM
PETITIONER:-
V.K.ABDUL JALEEL
AGED 49 YEARS, S/O.M.M.KHAN RAWTHER,
RESIDING AT MARUTHENKUNNEL, KOTTANGAL P.O.,
CHUNGAPPARA, PATHANAMTHITTA-686 518
BY ADV B.RAMACHANDRAN
RESPONDENTS:
1 INDIAN OVERSEAS BANK
KANJIRAPPALLY BRANCH, KOTTAYAM-626 507,
REPRESENTED BY ITS AUTHORIZED OFFICER
2 ADDL. THE REGISTRAR
SOUGHT TO BE IMPLEADED
BY ADVS.
SRI.SUNIL SHANKER
SMT.VIDYA GANGADHARAN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(DRT) No.40/2021 2
JUDGMENT
The petitioner has approached this Court challenging
proceedings initiated against the petitioner under the provisions
of Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act (SARFAESI Act). Primarily
it is contented that the provisions of the SARFAESI Act cannot be
invoked against the petitioner as the secured asset is an
agricultural property. The petitioner produced certain
documents before this Court to suggest that the land in question
is an agricultural land. When this matter is taken up for
consideration today, it is submitted by the learned counsel
appearing for both sides that regular sittings have commenced at
the Debts Recovery Tribunal, Ernakulam and since the
Securitisation Application filed by the petitioner as S.A.
No.296/2019 is pending consideration before the tribunal, this
matter can be disposed of directing the tribunal to consider and
pass orders on the Securitisation Application/Stay Petition filed
by the petitioner.
2. Having regard to the facts and circumstances of the case
and considering the nature of the issue involved, the Original
Petition will stand disposed of directing the Debts Recovery
Tribunal to consider the question as to whether the property of
the petitioner is agricultural land to which the provisions of
SARFAESI Act do not apply, after refering to the documents that
may be produced by the petitioner and any materials relied upon
by the bank to show otherwise. The petitioner may file an
appropriate application along with necessary documents to
enable the Debts Recovery Tribunal to decide the above question
in accordance with law. If such an application is filed along with
supporting documents within a period of 10 days from today all
coercive steps against the petitioner shall be deferred until a
decision is taken on that application. The Tribunal shall
endeavour to pass orders as directed above within a period of 3
months from the date of receipt of certified copy of this
judgment. I make it clear that I have not expressed any opinion
on the merits of the claim made by the petitioner.
Sd/-
GOPINATH P.
ats JUDGE
APPENDIX OF OP (DRT) 40/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF DEMAND NOTICE DATED 07.03.2019
EXHIBIT P2 TRUE COPY OF POSSESSION NOTICE DATED
19.08.2019
EXHIBIT P3 TRUE COPY OF SALE NOTICE DATED 4.2.2020
EXHIBIT P4 TRUE COPY OF E-AUCTION SALE NOTICE DATED
08.02.2020
EXHIBIT P5 TRUE COPY OF I.A.NO.326/2020 IN
S.A.NO.296/2019 DATED 19.2.2020
EXHIBIT P6 TRUE COPY OF I.A.NO.327/2020 IN
S.A.NO.296/2019 DATED 19.2.2020
EXHIBIT P7 TRUE COPY OF CERTIFICATE DATED 14.10.2019
ISSUED BY AGRICULTURAL OFFICER
Exhibit P8 TRUE COPY OF JUDGMENT DATED 03.06.2013
REPORTED IN 2013(2) KLT 944.
Exhibit P9 TRUE COPY OF JUDGMENT DATED 02.08.2018
REPORTED IN 2018(3) KLT 900.
