Siyad vs Mattanchery Mahajanik ...
2023 Latest Caselaw 995 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
      TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                         W.P.(C) NO.34765 OF 2022
PETITIONER:

              SIYAD,
              AGED 43 YEARS, S/O. KOYA,
              KAMPIVALAPPIL,
              KAKKAZHAM MURI, AMBALAPPUZHA P.O.,
              ALAPPUZHA, PIN-688 561.

              BY ADV SONNYMON K. MATHEW



RESPONDENT:

              MATTANCHERY MAHAJANIK CO-OPERATIVE URBAN BANK LTD NO.665
              REPRESENTED BY ITS GENERAL MANAGER, VIJAYAN.V.K.,
              PALLIYARAKKAVU ROAD, MATTANCHERY,PIN-682 002.

              BY ADVS.
              PHILIP T.VARGHESE
              THOMAS T.VARGHESE
              ACHU SUBHA ABRAHAM
              V.T.LITHA
              K.R.MONISHA
              ALEX THOMAS
              ARJUN RAJA P.C.
              SREENATH VIJAYARAGHAVAN
              VISHNU SATHEESAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   -2-
W.P.(C) NO.34765 OF 2022


                             JUDGMENT

Dated this the 17th day of January, 2023

The challenge in this writ petition is against sale of a

property with respect to which the petitioner had obtained

a decree in the year 2019. The property was brought to

sale by the respondent in proceedings under the

SARFAESI Act. It is informed that the property was

purchased by the Bank itself and the sale deed was

executed on 20.10.2021.

2. Learned Counsel for the petitioner vehemently

contended that the property was not a secured asset and

therefore, could not have been sold for realisation of the

debt due to the respondent.

3. In my considered opinion, the issue raised by the

petitioner cannot be decided in a writ petition under

Article 226. The petitioner's remedy is to either approach

the Debts Recovery Tribunal or to move the competent

civil court.

W.P.(C) NO.34765 OF 2022

The writ petition is hence closed, reserving the

petitioner's liberty to seek appropriate legal remedies.

Sd/-

V.G. ARUN JUDGE bpr

W.P.(C) NO.34765 OF 2022

APPENDIX OF WP(C) 34765/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 THE COPY OF ATTACHMENT REPORT IN I.A.

NO. 129/2018 ON 19/02/2018 IN O.S. NO. 6/2018, BY THE HON'BLE SUB COURT, ALAPPUZHA

EXHIBIT P2 THE DIGITALLY SIGNED COPY OF THE ENCUMBRANCE CERTIFICATE FOR THE PERIOD FROM 01/01/2016 TO 19/02/2020 WAS ISSUED BY THE SUB. REGISTRAR OFFICE, KOCHI ON 24/02/2020

EXHIBIT P3 THE CERTIFIED COPY OF THE DECREE ON 06.03.19 IN O.S. NO: 6/18 OF THE HON'BLE SUB COURT, ALAPPUZHA

EXHIBIT P4 THE COPY OF THE E.A. NO. 72/2021 OF THE RESPONDENT FILED BEFORE THE HON'BLE SUB COURT, KOCHI

EXHIBIT P5 THE CERTIFIED COPY OF THE ORDER OF THE HON'BLE ACJM COURT, ERNAKULAM IN M.C. NO. 394/19 ON 20.12.19