Kerala High Court
A.P. Varghese vs The Chief Manager (Authorised Officer) on 26 March, 2025
2025:KER:25768
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 12507 OF 2025
PETITIONER/S:
A.P. VARGHESE,
AGED 66 YEARS
S/O. LATE POULOSE, PYNADATH AYYAMPILLIL HOUSE,
PEECHANICKAD, PULIYANAM P.O., ANGAMALY, ERNAKULAM
DISTRICT, PIN - 683572
BY ADVS.
N.M.MADHU
C.S.RAJANI
RESPONDENT/S:
1 THE CHIEF MANAGER (AUTHORISED OFFICER),
VIJAYA BANK (NOW MERGED WITH BANK OF BARODA),
FIRST FLOOR, JOSE ANNEX, M.G. ROAD, ERNAKULAM
DISTRICT, PIN - 682016
2 THE BRANCH MANAGER,
VIJAYA BANK (NOW MERGED WITH BANK OF BARODA),
FIRST FLOOR, JOSE ANNEX, M.G. ROAD, ERNAKULAM
DISTRICT, PIN - 682016
3 M/S. BHAGYASREE FOOD TECHNOLOGIES PRIVATE LIMITED,
3RD FLOOR, DD ANGADI, MARKET ROAD, ERNAKULAM
DISTRICT, REPRESENTED BY MANAGING DIRECTOR R.
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W.P.(C)No.12507 of 2025
2
VIJAYAKUMAR, PIN - 682035
4 R. VIJAYAKUMAR,
VELLAPALLIL HOUSE, SREEKALA ROAD-VADARATH ROAD,
VENNALA P.O., ERNAKULAM DISTRICT, PIN - 682028
5 G. SUNDARI,
S-11 MANCHESTER PERKS 1, PERKS SCHOOL ROAD,
UPPILLIPALAYAM P.O., COIMBATORE DISTRICT, PIN -
640015
6 ERIC BASTION,
S/O. LATE PETER B. PERERA, FORMER SENIOR MANAGER,
VIJAYA BANK (NOW MERGED WITH BANK OF BARODA), M.G.
ROAD, ERNAKULAM DISTRICT-682016 - THEREAFTER TO
CHIEF MANAGER, REGIONAL OFFICE, 17 BARAKHAMBA
ROAD, NEW DELHI- 110 001, NOW RESIDING AT ANUPAM,
TC/82/2008, MBRRA-B1, MATHRUBHUMI ROAD JUNCTION,
VANCHIYOOR P.O., THIRUVANANTHAPURAM DISTRICT, PIN
- 695035
7 DEVADAS N.,
FORMER DEPUTY GENERAL MANAGER, REGIONAL OFFICE OF
VIJAYA BANK (NOW MERGED WITH BANK OF BARODA), M.G.
ROAD, ERNAKULAM DISTRICT-682016 THEREAFTER TO PA
TO GENERAL MANAGER (CREDIT), HEAD OFFICE, VIJAYA
BANK (NOW MERGED WITH BANK OF BARODA), NO.41/2,
M.G. ROAD, BANGALORE, PIN - 560001
8 DEVADASAN,
FORMER CHIEF MANAGER (CREDIT), REGIONAL OFFICE,
M.G. ROAD, ERNAKULAM DISTRICT - 682 016 THEREAFTER
TO ASSISTANT GENERAL MANAGER, REGIONAL OFFICE,
VIJAYA BANK (NOW MERGED WITH BANK OF BARODA),
COURT ROAD, KOZHIKODE DISTRICT, PIN - 673032
9 BANK OF BARODA,
ZONAL OFFICE, METRO COMPLEX, M.G. ROAD, ERNAKULAM
DISTRICT, REPRESENTED BY GENERAL MANAGER, PIN -
682016
0 THE AUTHORISED OFFICER,
ASSISTANT GENERAL MANAGER, BANK OF BARODA, METRO
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W.P.(C)No.12507 of 2025
3
COMPLEX, M.G. ROAD, ERNAKULAM DISTRICT, PIN -
682016
11 THE BRANCH MANAGER,
BANK OF BARODA, ERNAKULAM BRANCH, P.B. NO.1722,
57/2143, JOSE ANNEX, M.G. ROAD, ERNAKULAM
DISTRICT, PIN - 682016
12 SHAILESH J.,
S/O. JAGANATHAN P.V., SHREE SHAILAM, 8/454,
PUZHATHI, CHOVVA P.O., KANNUR DISTRICT-670006,
PRESENTLY RESIDING AT FLAT 5B, APPLE HEIGHTS,
CIVIL LANE ROAD, PADAMUGAL, ERNAKULAM DISTRICT,
PIN - 682030
13 THE VILLAGE OFFICER,
ANGAMALY VILLAGE OFFICE, ANGAMALY, ERNAKULAM
DISTRICT, PIN - 683572
14 THE SUB REGISTRAR,
SUB REGISTRAR OFFICE, ANGAMALY, ERNAKULAM
DISTRICT, PIN - 683572
OTHER PRESENT:
SRI. SREEJITH V.S, GP, SRI. NAGARAJ NARAYANAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No.12507 of 2025
4
JUDGMENT
The property of the petitioner was mortgaged for the purpose of
securing a loan from the Vijaya Bank. According to the petitioner, the
petitioner was running an industrial unit named St.George Cables
Private Limited. It is submitted that since the petitioner was in
urgent need of funds, he had approached respondents 3 to 5 who
promised to arrange a loan from the Vijaya Bank. It is submitted that
the documents of title relating to valuable property of the petitioner
was obtained by respondents 3 to 5. It is submitted that instead of
transferring the amount received as loan from the Vijaya Bank to the
petitioner, respondents 3 to 5, in connivance with other officials of the
Bank, obtained a huge loan much beyond the requirement of the
petitioner by offering the property of the petitioner as security. It is
submitted that the Bank brought the property of the petitioner to sale
under the provisions of the SARFAESI Act and the property was
purchased by the 12th respondent. It is submitted that the complaint
filed by the petitioner regarding the fraudulent activities of
respondents 3 to 5 in connivance with certain officials of the Bank is
being investigated by the Crime Branch. It is submitted that in such
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circumstances, in order to save the property of the petitioner, the 12 th
respondent may be injuncted from transferring the property to any
other third party.
2. The learned Government Pleader would point out that if
the petitioner is in any manner aggrieved by the sale conducted under
the provisions of the SARFAESI Act and wishes to obtain any
protective order against the 12th respondent from transferring the
property to the third party, it is for the petitioner to seek appropriate
reliefs in a securitization application [which is stated to be pending
before the Tribunal]. It is submitted that this Court cannot, in the
exercise, of the jurisdiction under Article 226 of the Constitution of
India restrain the 12th respondent from transferring the property and
the 13th respondent (Village Officer, Angamaly Village) and the 14 th
respondent (Sub Registrar, Angamaly) cannot be interdicted from
accepting tax or registering the property obtained by the 12 th
respondent in auction.
3. Having heard the learned counsel appearing for the
petitioner, the learned Government Pleader and the learned counsel
appearing for the respondent Bank, I am of the view that the
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petitioner has not made out any case for grant of the reliefs sought for
in the writ petition. The learned Government Pleader and the learned
counsel appearing for the respondent Bank are right in contending
that since the property of the petitioner has already been sold in
auction under the provisions of the SARFAESI Act, the remedy of the
petitioner against such sale lies in raising a challenge to the same
before the Debts Recovery Tribunal. It is submitted that since it is the
case of the petitioner that the securitization application filed by the
petitioner is still pending before the Tribunal, I am of the opinion that
it is for the petitioner to seek appropriate reliefs from the Tribunal
and he cannot seek an order of injunction from this Court restraining
the 12th respondent from alienating the property purchased by him in
auction under the provisions of the SARFAESI Act.
The writ petition fails and is accordingly dismissed, leaving
open all contentions and reserving the liberty of the petitioner to seek
statutory remedies.
Sd/-
GOPINATH P.
JUDGE
Scl/
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APPENDIX OF WP(C) 12507/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT DATED
24.07.2009 EXECUTED BY THE PETITIONER
AND THE FOURTH RESPONDENT
Exhibit P2 TRUE COPY OF THE SECURITIZATION APPEAL
AS S.A. NO.412/2010 ON THE FILES OF THE
DEBTS RECOVERY TRIBUNAL, ERNAKULAM
Exhibit P3 TRUE COPY OF THE ORIGINAL APPLICATION AS
O.A. NO. 294/2014 ON THE FILES OF THE
DEBTS RECOVERY TRIBUNAL, ERNAKULAM
Exhibit P4 TRUE COPY OF THE MEMORANDUM OF WRIT
PETITION AS W.P.(CRL.) NO. 742/2022
(WITHOUT SYNOPSIS, INDEX, AFFIDAVIT AND
EXHIBITS) OF THIS HON'BLE COURT
Exhibit P5 TRUE COPY OF THE JUDGMENT 09.11.2023 IN
W.P.(CRL) NO.742/2022 PASSED BY THIS
HON'BLE COURT
Exhibit P6 TRUE COPY OF THE LOAN SANCTION LETTER
DATED 04.08.2009
