Jayaraj Ellias vs Union Of India
2024 Latest Caselaw 6200 Ker

Citation : 2024 Latest Caselaw 6200 Ker
Judgement Date : 29 February, 2024

Kerala High Court

Jayaraj Ellias vs Union Of India on 29 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 29TH DAY OF FEBRUARY 2024/10TH PHALGUNA, 1945
                 WP(C) NO. 22841 OF 2022
PETITIONER:

         JAYARAJ ELLIAS,
         AGED 52 YEARS,
         S/O ELLIAS, MEKKUMKARA VEEDU,
         MELANTHIYOORKONAM, KOLLODE P. O,
         THIRUVANANTHAPURAM, PIN - 695571
RESPONDENTS:

    1    UNION OF INDIA,
         REPRESENTED BY ITS SECRETARY,
         MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES,
         UDYOG BHAVAN,
         RAFI MARG,
         NEW DELHI, PIN - 110001
    2    CHAIRMAN,
         CREDIT GUARANTEE FUND TRUST FOR MICRO AND SMALL
         ENTERPRISES,
         1ST FLOOR, SIDBI,
         SWAVALAMBAN BHAVAN,
         C-11, G-BLOCK, BKC,
         BANDRA (EAST) MUMBAI,
         MAHARASHTRA -400 051., PIN - 400051
    3    THE PUNJAB NATIONAL BANK,
         REPRESENTED BY ITS CHIEF MANAGER,
         CIRCLE OFFICE, MUTTATHARA,
         THIRUVANANTHAPURAM-695008, PIN - 695008
    4    PUNJAB NATIONAL BANK,
         REPRESENTED BY ITS MANAGER,
         PALKULANGARA BRANCH,
         PALKULANGARA,
         THIRUVANANTHAPURAM, PIN - 695024
    5    THE AUTHORIZED OFFICER,
         RECOVERY DEPARTMENT,
         PUNJAB NATIONAL BANK,
         CIRCLE OFFICE, MARKET ROAD,
         ERNAKULAM -682011.
 W.P.(C) No.22841/2022 & 21223/2023
                                 :2:


          BY ADVS.
          SRI.S.MANU, DSGI
          SRI.SAJI.P.JOSEPH
          SRI.C.C.MATHEW
          SRI.G.MINI (PALATH)
          SRI.K.T.SAJU
          SRI.A.SEENA
          SRI.THANKARAJAN P.K.
          SRI.DEEPESH E.S
          SRI.DAYANA MATHEW

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, ALONG WITH WP(C).21223/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.22841/2022 & 21223/2023
                                 :3:



         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 29TH DAY OF FEBRUARY 2024/10TH PHALGUNA, 1945
                   WP(C) NO. 21223 OF 2023
PETITIONER:

          JAYARAJ E.,
          AGED 53 YEARS,
          S/O ALIAS,
          RESIDING AT MEKKUKKARA VEEDU,
          MELANTHIYOORKONAM,
          ANTHIYOORKONAM,
          KOLLODE P.O.,
          MALAYINKEEZHU,
          THIRUVANANTHAPURAM, PIN - 695571

          BY ADVS.
          R.N.SANDEEP
          B.MUHAMMED SHAHEEL
          KEERTHI VIJAYAN


RESPONDENTS:

    1     PUNJAB NATIONAL BANK,
          PALKULANGARA BRANCH REPRESENTED BY ITS BRANCH
          MANAGER,
          TC 29/1646-1,
          PALLIVILAKAM LN,
          NEAR CHEMBAKASHERI JUNCTION,
          PERUNTHANNI,
          PALKULANGARA,
          THIRUVANANTHAPURAM, PIN - 695008
    2     THE AUTHORIZED OFFICER,
          CHIEF MANAGER,
          PUNJAB NATIONAL BANK,
          CIRCLE OFFICE,
          MUTTATHARA,
          THIRUVANANTHAPURAM, PIN - 695026
 W.P.(C) No.22841/2022 & 21223/2023
                                 :4:


          BY ADVS.
          SRI.SANTHEEP ANKARATH, SC, PUNJAB NATIONAL
          BANK
          SRI.SAJI.P.JOSEPH
          SRI.C.C.MATHEW
          SMT.G.MINI (PALATH)
          SMT.A.SEENA
          SRI.K.T.SAJU
          SRI.THANKARAJAN P.K.
          SRI.DEEPESH E.S

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, ALONG WITH WP(C).22841/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.22841/2022 & 21223/2023
                                 :5:




                            JUDGMENT

Dated this the 29th day of February, 2024

[W.P.(C) Nos.22841 of 2022 and 21223 of 2023]

Both the writ petitions are filed by the same

petitioner. In these writ petitions, the petitioner is

challenging the possession notice issued by the Punjab

National Bank and the subsequent notice issued by the

Advocate Commissioner pursuant to the orders passed by

the Chief Judicial Magistrate's Court under Section 14 of

the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002.

2. It is settled proposition of law that if a borrower

has grievances relating to the proceedings issued under the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002, the borrower W.P.(C) No.22841/2022 & 21223/2023

has to approach the Debts Recovery Tribunal invoking

Section 17 of the Act, 2002 for redressal of grievance. The

writ petition is not ordinarily maintainable against the steps

taken by the Bank under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002.

In the circumstances, I dismiss the writ petitions

granting liberty to the petitioner to approach the Debts

Recovery Tribunal in the pending O.A. No.564 of 2019.

Sd/-

N. NAGARESH JUDGE SR W.P.(C) No.22841/2022 & 21223/2023

APPENDIX OF WP(C) 22841/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE UDAYAM REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER BY THE MINISTRY OF MICRO AND SMALL ENTERPRISES BEARING NO. UDYAM-KL-12-0008655 DATED 22.02.2021 Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE PROJECT REPORT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE LOAN SANCTION LETTER DATED 20.02.2014 ISSUED BY THE PUNJAB NATIONAL BANK, PALKULANGARA BRANCH TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE POSSESSION NOTICE AS PER SECTION 13 (4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (SARFAESI ACT) DATED 03.11.2018 Exhibit P5 A TRUE COPY OF THE NOTICE DATED 29.06.2022 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 08.07.2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE POSTAL RECEIPT DATED 08.07.2022 ISSUED BY THE POSTAL DEPARTMENT Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 08.07.2022 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT / CHIEF MANAGER CIRCLE OFFICE OF THE PUNJAB NATIONAL BANK Exhibit P9 A TRUE COPY OF THE POSTAL RECEIPT DATED 08.07.2022 ISSUED BY THE POSTAL DEPARTMENT W.P.(C) No.22841/2022 & 21223/2023

Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 08.07.2022 PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT / AUTHORIZED OFFICER OF THE RECOVERY SECTION OF THE PUNJAB NATIONAL BANK Exhibit P11 A TRUE COPY OF THE POSTAL RECEIPT DATED 08.07.2022 ISSUED BY THE POSTAL DEPARTMENT Exhibit P12 A TRUE COPY OF THE REPRESENTATION DATED 08.07.2022 PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT / MANAGER PALKULANGARA BRANCH OF THE PUNJAB NATIONAL BANK Exhibit P13 A TRUE COPY OF THE POSTAL RECEIPT DATED 08.07.2022 ISSUED BY THE POSTAL DEPARTMENT EXHIBIT P14 A TRUE COPY OF THE SCHEME DOCUMETN OF THE CGTMSE SCHEME.

W.P.(C) No.22841/2022 & 21223/2023

APPENDIX OF WP(C) 21223/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 11/01/2023 TO THE PETITIONER Exhibit P2 TRUE COPY OF THE SALE AGREEMENT DATED 23/03/2022 MADE BY THE PETITIONER WITH A BUYER Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 15/06/2023.