Kerala High Court
Dr P.A.Naser vs Canara Bank on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 2430 OF 2022
PETITIONERS:
1 DR P.A.NAZER
SON OF MOHAMAMED HAJI, AEROBIC HOUSE,
KARAD PARAMBU, VAZHAYUR AMSOM AND KARAD DESOM
KARAD P.O., MALAPPURAM -673632.
2 N.RASHEEDA
WIFE OF DR.P.A. NAZER,
KARAD PARAMBU, VAZHAYUR AMSOM AND KARAD DESOM ,
KARAD P.O., MALAPPURAM -673632
3 HAMSA U.P
SON OF KUNJUMOIDU, URINIYAMPULAKKAL HOUSE,
PULAMANTHOLE AMSOM AND DESOM
CHEMMALASSERI P.O., MALAPPURAM - 679323.
BY ADVS.
S.EASWARAN
P.MURALEEDHARAN (IRIMPANAM)
RESPONDENT:
M/S.CANARA BANK, WEST PALACE BRANCH,
SRI KRISHNA BUILDING
1ST FLOOR, WEST PALACE ROAD,
THRISSUR - 680020,
REPRESENTED BY ITS AUTHORISED OFFICER
ADV.SRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2430 OF 2022
2
JUDGMENT
Dated this the 9th day of June, 2022
The petitioners have approached this Court seeking to
call for Ext.P3 application under Section 14 of the SARFAESI
Act and Ext.P4 order of the Chief Judicial Magistrate's Court,
Manjeri and quash the same. The petitioners have also sought
to restrain the respondent from taking physical possession of
the properties of the petitioners pursuant to Ext.P4 order.
2. The 1st petitioner is the former Chairman and
Managing Trustee of a Trust and the 3 rd petitioner is one of its
current Trustees. The petitioners submitted in ground A that in
the normal circumstances, the measure under Section 14 of
the SARFAESI Act constitutes a cause of action to approach
the Debt Recovery Tribunal under Section 17. However, the
petitioners approached this Court as there was no Presiding
Officer in the Tribunal in Ernakulam, for the past few years.
WP(C) NO. 2430 OF 2022
3. When the writ petition came up for hearing today,
the learned Standing Counsel for the respondent submitted
that the Debt Recovery Tribunal has started functioning with
the sitting of Presiding Officers in both the Benches and the
petitioners can very well approach the competent forum.
4. In view of the fact that the petitioners have
approached this Court at a time when Presiding Officers of
DRT were not sitting and since DRT is functioning in full
strength now, this Court is of the view that the petitioners
should be relegated to approach the Tribunal for redressal of
their grievances.
In the circumstances, the writ petition is dismissed
permitting the petitioners to approach the DRT for appropriate
relief. If the petitioners approach the DRT within a period of
one month from today, the DRT shall exclude the period during
which this writ petition has been pending in this Court, in the
matter of calculation of limitation in respect of any application
WP(C) NO. 2430 OF 2022
that may be filed by the petitioners. To enable the petitioners
to approach the DRT, it is made clear that the benefit of the
interim order passed by this Court on 25.01.2022 will continue
to enure to the benefit of the petitioners for a period of one
month from today.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) NO. 2430 OF 2022
APPENDIX OF WP(C) 2430/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE DEMAND NOTICE DATED
11.12.2018
Exhibit P2 COPY OF THE POSSESSION NOTICE DATED
2.3.2019 ISSUED UNDER SECTION 13(4) OF
THE SECURITISATION ACT
Exhibit P3 COPY OF CRL.M.P 1503 OF 2021 FILED BY
THE RESPONDENT UNDER SECTION 14 OF THE
SECURITISATION ACT BEOFE THE CHIEF
JUDICIAL MAGISTRATE COURT MANJERI
Exhibit P4 COPY OF THE ORDER DATED 11.11.2021 IN
CRL MP 1503 OF 2021 ON THE FILES OF THE
CHIEF JUDICIAL MAGISTRATE COURT MANJERI
Exhibit P 5 COPY OF THE LOAN APPLICATION STATED TO
SUBMITTED BY THE PETITIONERS 1 AND 2
Exhibit P 6 COPY OF THE TERM LOAN AGREEMENT DATED
26.11.2014 EXECUTED BY THE PETITIONERS 1
AND 2
Exhibit P 7 COPY OF THE LETTER OF CONFIRMATION OF
MORTGAGE DATED 26.11.2014
RESPONDENT'S/S EXHIBITS : NIL
