Maitheen .P.K vs The Manager, Idukki District ...
2022 Latest Caselaw 10960 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

          THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944

                              WP(C) NO. 31983 OF 2022

PETITIONER:

               MAITHEEN .P.K
               AGED 61 YEARS
               S/O KUNJUKUNJU, PONNAPPALA HOUSE,
               ANAVIRATTY P.O, KOOMPANPARA,
               ADIMALI, IDUKKI DISTRICT,
               PIN 685561
               , PIN - 685561
               BY ADV P.S.ABDUL KAREEM


RESPONDENTS:

     1         THE MANAGER, IDUKKI DISTRICT CO-OPERATIVE BANK
               IDUKKI DISTRICT
               COOPERATIVE BANK
               ADIMALI BRANCH
               ADIMALI P.O.,
               IDUKKI DISTRICT, PIN - 685561
     2         THE AUTHORIZED OFFICER, KERALA SAMSTHANA SAHAKARANA BANK,
               AUTHORIZED OFFICER,
               KERALA SAMSTHANA SAHAKARANA BANK,
               CREDIT AND PROCESSING CENTRE,
               IDUKKI COLONY P.O.,
               PIN- 685602, PIN - 685602
     3         THE REGISTRAR, OFFICE OF THE REGISTRAR OF THE CO-OPERATIVE
               SOCIETIES
               THE REGISTRAR,
               OFFICE OF THE REGISTRAR
               OF THE CO-OPERATIVE SOCIETIES,
               JAWAHAR SAHAKARANA BHAVAN,
               DPI JUNCTION, THYCAUD P.O.,
               KERALA- 695014, PIN - 695014
               BY ADV GILBERT GEORGE CORREYA



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 31983 of 2022
                                  ..2..




                             JUDGMENT

Dated this the 3rd day of November, 2022

When this Writ Petition is taken up for

consideration today, it is pointed out by the learned counsel

appearing for the respondent bank that a notice was issued to

the petitioner under sub-section 2 of Section 13 of the

SARFAESI Act, and thereafter, Ext.P3 notice was issued

intimating the petitioner that unless the amounts due from the

petitioner are paid off, the bank will be forced to take further

action under the provisions of the SARFAESI Act. It is

submitted that Ext.P3 is not a statutory notice and as and

when further statutory proceedings are initiated under the

provisions of the SARFAESI Act, it is open to the petitioner

to approach the Debts Recovery Tribunal for appropriate W.P.(C)No. 31983 of 2022 ..3..

relief.

2. Having heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent bank, I am of the opinion that there is considerable

merit in the contention taken by the learned counsel for the

respondent bank that since Ext.P3 is not a statutory notice, the

petitioner has no real grievance to be ventilated in the present

Writ Petition. As and when further statutory proceedings are

initiated against the petitioner under the provisions of the

SARFAESI Act, it will be open to the petitioner to ventilate

his grievances, if any, before the Debts Recovery Tribunal by

filing a Securitisation Application under Section 17 of the

SARFAESI Act.

With the above observation, this Writ Petition is

closed. Since the petitioner does not have a credible proposal

for settling the liability in instalments, I am of the view that W.P.(C)No. 31983 of 2022 ..4..

absolutely no relief can be granted in proceedings under

Article 226 of the Constitution of India.

Sd/-

GOPINATH P.

JUDGE RMV

APPENDIX OF WP(C) 31983/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN RECEIPTS REMITTED BEFORE KERALA STATE CO-OPERATIVE BANK LTD. ADIMALI BRANCH DATED 29/11/2021 Exhibit P2 TRUE COPY OF THE LOAN RECEIPTS REMITTED BEFORE KERALA STATE CO-OPERATIVE BANK LTD. ADIMALI BRANCH DATED 6/6/2022 Exhibit P3 TRUE COPY OF THE NOTICE UNDER SECTION 13(4) OF SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 Exhibit P4 TRUE COPY OF THE PLAINT FILED UNDER SECTION 69 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE REGISTRAR DATED 6/10/2022

TRUE COPY

P.A.TO JUDGE