Kerala High Court
Ramla vs Kerala State Co-Operative Bank on 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 19169 OF 2022
PETITIONERS:
1 RAMLA,
AGED 45 YEARS, D/O. UMMAR KOYA,
PARAKKAL HOUSE, G.A. COLLEGE (P.O.),
KOZHIKODE-673014.
2 AYISHA,
AGED 72 YEARS, W/O. UMMAR KOYA,
PARAKKAL HOUSE, G.A. COLLEGE (P.O.),
KOZHIKODE-673014.
3 MOIDEENKUTTY,
AGED 48 YEARS, S/O. UMMAR KOYA, PARAKKAL HOUSE,
G.A. COLLEGE (P.O.), KOZHIKODE-673014.
BY ADV ANUROOPA JAYADEVAN
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK,
(FORMER KOZHIKODE DISTRICT CO-OPERATIVE BANK LIMITED)
P.B. NO.503, CHALAPPURAM P.O., KOZHIKODE,
REPRESENTED BY ITS AUTHORISED OFFICER,
SAJITH KUMAR K.K., PIN-673002
2 KOYA HASSAN,
AGED 51 YEARS, S/O.UMMAR KOYA,
PARAKKAL HOUSE, G.A. COLLEGE P.O., KOZHIKODE-673014.
3 ASHARAF,
S/O. MUHAMMAD KOYA, MUBARAK VILLA, PARAMMAL HOUSE,
PERUMANNA P.O., KOZHIKODE-673019.
ADV.P.C.SASIDHARAN (S.C)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19169 OF 2022 2
JUDGMENT
Petitioners have approached this Court challenging
proceedings initiated under the Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act (SARFAESI Act) for recovery of the
amounts allegedly due from the petitioners.
2. The learned counsel for the respondent bank points
out that at a stage when a demand notice under Section
13(2) of the SARFAESI Act was issued, the petitioners had
approached this Court and this Court had through Ext.P4
judgment declined interference and relegated the petitioners
to the remedy under Section 17 of the SARFAESI Act. It is
submitted that the petitioners did not approach the Debts
Recovery Tribunal in terms of Ext.P4 judgment and they
have now filed the present writ petition after Ext.P7 notice
was issued by the Advocate Commissioner appointed by the
Chief Judicial Magistrate Court, Kozhikode to take physical
possession of the property.
3. The learned counsel appearing for the petitioners
would submit that the petitioners are poor, uneducated
people and they were not aware that they should have
approached the Debts Recovery Tribunal following Ext-P4
judgment.
4. Though the said submission is difficult to accept
considering the fact that the petitioners had approached this
Court through a lawyer engaged by them, I am of the view
that one more opportunity can be granted to the petitioners
to approach the Debts Recovery Tribunal against the
proceedings now initiated by the Bank. Accordingly this
writ petition will stand disposed of directing that if the
petitioners filed an application under Section 17 of the
SARFAESI Act before the Tribunal within a period of 2
weeks from today, taking of the physical possession of
secured asset shall be deferred by a period of 1 month from
today to enable the petitioners to obtain appropriate interim
orders from the tribunal.
This writ petition will stand disposed of with the above
direction.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF WP(C) 19169/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.201/1968 OF THE
CHEVAYOOR SRO.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF UMMER KOYA
DATED 10/03/2004.
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 30/08/2019
ISSUED UNDER SECTION 13(2) OF THE SECURITIZATION
AND RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT, 2002 BY 1ST
THE RESPONDENT TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED 08/01/2020 IN WPC NO. 35428/2019.
Exhibit P5 TRUE COPY OF FIR DATED 11/02/2020 OF PANTHEERANKAVU
POLICE STATION.
Exhibit P6 TRUE COPY OF THE PETITION BEFORE THE DISTRICT
POLICE COMMISSIONER, KOZHIKODE DATED 12/04/2022.
Exhibit P7 TRUE COPY OF THE POSSESSION NOTICE DATED 21/05/2022
ISSUED BY KHADEEJA SUZNA, ADVOCATE COMMISSIONER.
