Ayyappan vs The Authorized Officer
2023 Latest Caselaw 3324 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. 4677 OF 2023
PETITIONER:

          AYYAPPAN
          AGED 77 YEARS
          S/O ARUMUGHAN, PUZHAKKAL HOUSE, NEAR SIVA TEMPLE,
          ELAMBULASSERY P.O, KARAKURUSSI, PALAKKAD DISTRICT, PIN
          - 678595

          BY ADV M.R.SASITH



RESPONDENT:

          THE AUTHORIZED OFFICER
          THE STATE BANK OF INDIA, M.G ROAD, ERNAKULAM, PIN -
          682011

          SRI. JAYESH MOHAN KUMAR, SC.




     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. 4677 OF 2023              2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C).No.4677 of 2023
               --------------------------------------------
                Dated this the 23rd day of March, 2023


                              JUDGMENT

This writ petition has been filed challenging Section 13(4)

proceedings initiated under the SARFAESI Act. The Standing Counsel

on instructions submits that an original application has already been

filed before the Debts Recovery Tribunal and the same is pending.

Since the loan has been recalled, there is no scope for regularising

the loan. The remedy of the petitioner in these circumstances can

only be to approach the Debts Recovery Tribunal for appropriate

orders in the original application that is pending.

Without prejudice to the said right, this writ petition is closed

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 4677/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT BANK DATED 16/06/2022