Mr. Siju Varghese vs The Authorized Officer
2024 Latest Caselaw 32006 Ker

Kerala High Court

Mr. Siju Varghese vs The Authorized Officer on 7 November, 2024

WA NO. 1746 OF 2024

                                           1

                                                               2024:KER:85155
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                           &

                        THE HONOURABLE MR. JUSTICE S.MANU

        THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                               WA NO. 1746 OF 2024

        AGAINST THE JUDGMENT DATED 04.10.2024 IN WP(C) NO.34843 OF 2024 OF

                              HIGH COURT OF KERALA


APPELLANT/PETITIONER:

               MR. SIJU VARGHESE
               AGED 50 YEARS
               S/O. MR. CHERIYAN V., KOTHEKKAL HOUSE, RACKAD, VALAKOM,
               MUVATTUPUZHA, ERNAKULAM, KERALA. PHONE: 9447164941., PIN -
               682316


               BY ADVS.
               SANDEEP GOPALAKRISHNAN
               JINNU SARA GEORGE
               ANJU DAVIS K.
               ANAGHA HARIDAS




RESPONDENTS:

               THE AUTHORIZED OFFICER
               REGIONAL OFFICE, SOUTH INDIAN BANK, SIB BUILDING, INFOPARK
               ROAD, RAJAGIRI VALLEY P.O., KAKKANAD, ERNAKULAM,
               KERALA, PIN - 682039



OTHER PRESENT:

               SMT. JINNU SARA GEORG
               SRI P A AUGUSTIAN


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.11.2024, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1746 OF 2024

                                         2

                                                                 2024:KER:85155
                                  JUDGMENT

NITIN JAMDAR, C.J.

Heard Ms.Jinnu Sara George, learned counsel for the Appellant and Mr.P.A. Augustine, learned counsel for the Respondent.

2. This is another petition filed under Article 226 of the Constitution of India questioning the action of the Respondent - Bank in taking measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), when the remedy to approach the Debt Recovery Tribunal is available.

3. Further, learned counsel for the Respondent - Bank informs that the possession has already been taken pursuant to an order passed under Section 14 of the SARFAESI Act.

4. In light thereof, it is open to the Appellant to approach the Debt Recovery Tribunal, as observed by the learned Single Judge.

5. The Appeal is dismissed.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S.MANU JUDGE rp