Biju M.S vs Punjab National Bank
2024 Latest Caselaw 32012 Ker

Kerala High Court

Biju M.S vs Punjab National Bank on 7 November, 2024

WA NO. 1776 OF 2024

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                                                             2024:KER:85167
                  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. 1776 OF 2024

        AGAINST THE JUDGMENT DATED 15.10.2024 IN WP(C) NO.36054 OF 2024 OF

                              HIGH COURT OF KERALA


APPELLANT/PETITIONER:

            BIJU M.S
            AGED 42 YEARS
            S/O SADANANDAN, AGED 42, MANAYCKALCHIRAYIL HOUSE, THALAYAZHAM
            P.O., VAIKOM, KOTTAYAM, PIN - 686607


            BY ADVS.
            NAVANEETH.N.NATH
            ABHIRAMI S.




RESPONDENTS/RESPONDENT:

            PUNJAB NATIONAL BANK
            REPRESENTED BY, THE AUTHORISED OFFICER, CIRCLE SASTRA CENTRE,
            VAISHNAVI TOWERS, BYPASS ROAD, AMBALATHARA P.O,
            THIRUVANANTHAPURAM, PIN - 695026



OTHER PRESENT:

            NAVANEETH.N.NATH
            SRI C AJITH KUMAR


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

ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1776 OF 2024

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                                                                2024:KER:85167
                                  JUDGMENT

NITIN JAMDAR, C.J.

Heard Mr.Navaneeth N. Nath, learned counsel for the Appellant and Mr.C.Ajith Kumar, learned Standing Counsel for the Respondent - Bank.

2. This is yet 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