Viswambaran vs Canara Bank
2024 Latest Caselaw 8919 Ker

Kerala High Court

Viswambaran vs Canara Bank on 27 March, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                    WP(C) NO. 12504 OF 2024
PETITIONER:

         VISWAMBARAN
         AGED 62 YEARS
         S/O. KUNJUKRISHNAN, VISHNU VILASOM SEEMA VILA,
         KOADUVAZHANOOR, THIRUVANANTHAPURAM., PIN - 695601

         BY ADVS.
         AJMAL V. A.
         A.C.ARFANA
         FATHIMA V.A.


RESPONDENTS:

    1    CANARA BANK
         REPRESENTED BY THE AUTHORIZED OFFICER,
         ARM BRANCH, 1ST FLOOR,
         PUKALAKKAT LEKSHMI BAI TOWERS,
         T.D.ROAD NORTH END, ERNAKULAM., PIN - 682031
    2    THE MANAGER
         CANARA BANK, KILIMANOOR BRANCH,
         P.P.11/1280, 1 ST FLOOR, KILIMANOOR - 695601
    3    THE AUTHORIZED OFFICER
         CANARA BANK, ARM BRANCH, ERNAKULAM., PIN - 682031

         SRI.M. GOPIKRISHNAN NAMBIAR

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 27.03.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.12504 of 2024
                                 2


                           JUDGMENT

Dated this the 27th day of March, 2024

The petitioner, who has availed financial advance from

the 1st respondent-Bank and against whom, the Bank has

initiated recovery proceedings under Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002, has filed this writ petition seeking

the following reliefs:

(i) Issue a writ of mandamus or any other appropriate writ, order or direction to set aside the Exhibit-P4 sale notice dated 19.02.2024.

(ii) To issue such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. Standing Counsel representing the respondents

submits that the sale scheduled to be held on 27.03.2024, did

not materialise for want of bidders.

3. Heard.

4. The petitioner has approached this Court

challenging the proceedings initiated under the Securitisation

and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002. The Hon'ble Apex Court has

consistently held that the petitioners should approach the

Debts Recovery Tribunal under Section 17 of the Act, 2002, if

they want to challenge any of the steps taken under the Act,

2002.

5. In view of the law laid down by the Apex Court, the

petitioner has to approach the Debts Recovery Tribunal.

Granting such liberty to the petitioner to approach the

Debts Recovery Tribunal, the writ petition is dismissed.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 12504/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 14.10.2022 ISSUED BY THE BANK Exhibit P2 TRUE COPY OF THE SALE NOTICE DATED 21.12.2022 Exhibit P3 TRUE COPY OF THE MESSAGE RECEIVED BY THE PETITIONER FROM THE BANK Exhibit P4 TRUE COPY OF SALE NOTICE DATED 19.02.2024