Arun.M.C vs The Authorized Officer Under ...
2022 Latest Caselaw 7946 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                       WP(C) NO. 24544 OF 2021
PETITIONER:

               ARUN.M.C.,
               AGED 40 YEARS
               S/O.MOHAN, PRA 47, SIVA GANGA, HOUSE
               NO.111/232, AYANIKADU, NANMA NAGAR, MUKKOLACKAL
               P.O., THIRUVANANTHAPURAM-695 043.
               BY ADV N.SASI

RESPONDENTS:

    1          THE AUTHORIZED OFFICER UNDER SARFAESI ACT,
               CSB BANK, SOUTH KERALA ZONAL OFFICE, MALANKARA
               BUILDING COMPLEX, PALAYAM, THIRUVANANTHAPURAM-
               695 034.
    2          THE DEBT RECOVERY TRIBUNAL NO.II, ERNAKULAM
               REPRESENTED BY ITS REGISTRAR, 1ST FLOOR, KSHB
               BUILDING, PANAMPILLY NAGAR, ERNAKULAM-682 036.
               BY ADV K.ANAND(K/001343/1995)


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   29.06.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.24544/2021
                                  2



                        JUDGMENT

Dated this the 29th day of June, 2022

The petitioner, who has availed a loan from the CSB

bank has approached this Court seeking to call for the

records resulting in Ext.P4 warrant and Ext.P5 notice issued

by the Advocate Commissioner, to scrutinize and quash the

same. The petitioner further wants to direct the 1 st

respondent not to take any coercive proceedings under the

SARFAESI Act till the disposal of Ext.P7 stay petition.

2. According to the petitioner, the respondents have

resorted to measures under Section 13(4) of the SARFAESI

Act without issuing proper notice under Section 13(2) of the

SARFAESI Act. Though it has been stated that notice has

been issued by registered post, no such notice was issued

by the respondents.

3. Standing Counsel entered appearance and

resisted the writ petition. Standing Counsel submitted that

the respondents were forced to take coercive proceedings W.P.(C) No.24544/2021

against the petitioner since the petitioner committed

persistent defaults in spite of the request made by the

respondents to repay the amounts.

4. When this matter came up for admission on

12.11.2021, this Court directed the petitioner to remit an

amount of Rs.15,00,000/- on or before 15.12.2021 and a

further sum of Rs. 5,00,000/- on or before 31.12.2021. The

counsel for the petitioner would submit that the petitioner has

remitted Rs.20,00,000/-, though after the stipulated period.

The Standing Counsel would dispute this statement and

would submit that the petitioner has remitted only

Rs.19,75,000/-

5. When the writ petition came up for hearing today,

the learned Counsel for the petitioner, after arguing the

matter for considerable time, submitted that the petitioner

has approached the Debt Recovery Tribunal (DRT) by filing

S.A.No.243/2020 and the petitioner may be permitted to

prosecute the case before the DRT, for further relief in the

matter.

W.P.(C) No.24544/2021

Accordingly, granting such liberty, the writ petition is

disposed of.

Sd/-

N. NAGARESH JUDGE AJ W.P.(C) No.24544/2021

APPENDIX OF WP(C) 24544/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SA NO.243/2020 DATED 18.11.2020 WITHOUT ANNEXURES FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL NO.II, ERNAKULAM. Exhibit P2 TRUE COPY OF THE IA NO.1171/2020 FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL NO.II, ERNAKULAM. Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 01.01.2021 FILED BY THE RESPONDENT BEFORE THE DEBT RECOVERY TRIBUNAL NO.II, ERNAKULAM.

Exhibit P4 TRUE COPY OF THE WARRANT AUTHORIZING THE ADVOCATE COMMISSIONER TO TAKE POSSESSION OF THE PROPERTY DATED 03.09.2021 BY THE CHIEF JUDICIAL MAGISTRATES COURT, THIRUVANANTHAPURAM. Exhibit P5 TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 16.10.2021.

Exhibit P6 TRUE COPY OF THE IA NO.1420/2021 DATED 02.11.2021 WITHOUT ANNEXURES FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL NO.II, ERNKAULAM. Exhibit P7 TRUE COPY OF IA NO.1421/2021 FOR STAY FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL NO.II, ERNAKULAM.