Salitha R vs The Authorized Officer Idbi Bank ...
2023 Latest Caselaw 3165 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                      WP(C) NO. 8160 OF 2023
PETITIONER:

             SALITHA R
             AGED 37 YEARS, W/O MANOJ,
             RESIDING AT SYAMALAYAM MUTTIYADI LANE
             ULIYAZHATHURA, CHEMPAZHANTHY, TRIVANDRUM, PIN -
             695587
             BY ADV K.PREMKRISHNA NAIR


RESPONDENTS:

       1     THE AUTHORIZED OFFICER IDBI BANK LTD.
             RETAIL ASSET CENTRE 2ND FLOOR IDBI BUILDING
             PANAMPALLY NAGAR NEAR PASSPORT OFFICE KOCHI., PIN
             - 682036
       2     THE BRANCH MANAGER IDBI BANK LTD. KARAMANA BRANCH
             KILLIPALAM KARAMANA TRIVANDRUM, PIN - 695002
OTHER PRESENT:

             SMT. KIRAN M. S,


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    23.03.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C). No. 8160 of 2023
                                 2



                         T.R. RAVI, J.
           --------------------------------------------
                  WP(C) No. 8160 of 2023
            --------------------------------------------
          Dated this the 23rd day of March, 2023

                          JUDGMENT

The writ petition has been filed by a stranger to

the transaction, claiming that she is in possession of the

property which is sought to be taken possession of in

proceedings under SARFAESI Act. The petitioner's

husband, who was the prior owner of the property, had

sold the property in 2014. Subsequently, the purchaser

had mortgaged the property and taken a loan. It is in

default of the said loan, the present proceedings are

taken.

2. The petitioner has the case that, the petitioner

has been cheated by the purchaser. If the petitioner

had been cheated by the purchaser in 2014, it is for

them to take appropriate action. As long as a

registered sale deed exists, and property had been WP(C). No. 8160 of 2023

transferred to the mortgagers, the petitioner cannot

maintain this writ petition challenging the SARFAESI

proceedings.

Therefore, this writ petition fails and is dismissed.

Sd/-

T.R. RAVI, JUDGE TR WP(C). No. 8160 of 2023

APPENDIX OF WP(C) 8160/2023

PETITIONER EXHIBITS Exhibit1 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE ISSUED UNDER THE S.13(2) OF SARFAESI ACT BY THE 1ST RESPONDENT BEARING NO.IDBI/SARFAESI/2017-18/MAY/001 DTD.9TH DAY OF MAY 2017