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High Court of KeralaWP(C)/21075/2015disposed of

Sunny Joseph v. The Authorised Officer

2015-07-30Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 WP(C).No. 21075 of 2015 (H) ---------------------------------------- PETITIONER(S):

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1. SUNNY JOSEPH, NADUVATHETTU HOUSE, CHERUTHONY, THADAYAMBAD 685602, IDUKKI DISTRICT.

2. RAJU JOSEPH, NADUVATHETTU HOUSE, CHERUTHONY, THADAYAMBAD 685602, IDUKKI DISTRICT.

3. MERLY SUNNY, NADUVATHETTU HOUSE, CHERUTHONY, THADAYAMBAD 685602, IDUKKI DISTRICT.

BY ADVS.SRI.P.C.THOMAS SRI.ROJO J.THURUTHIPARA RESPONDENT(S):

------------------------- THE AUTHORISED OFFICER AND CHIEF MANAGER, THE FEDERAL BANK LTD., IDUKKI BRANCH, IDUKKI DISTRICT 685602 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 21075 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE TITLE DEED DATED 25.03.2002 OF THE AGRUCULTURAL LAND ON WHICH THE SECRURITY INTEREST HAS BEEN CREATED P2:

TRUE PHOTOGRAPHS OF THE LAND IN QUESTION P3:

TRUE COPY OF THE PASS BOOKS OF THE 3 LOAN ACCOUNTS OF THE PETITIONERS P4:

TRUE COPY OF THE REPLY DATED 15.12.2014 TO THE NOTICE DATED 08.12.2014 U/S 13(2) OF THE SARFAESI ACT P5:

TRUE PHOTOCOPY OF POSSESSION NOTICE DATED 11.03.2015 U/S. 13(2) OF THE SARFESI ACT P6:

TRUE COPY OF THE LAWYER NOTICE DATED 09.03.2015 P7:

TRUE COPY OF THE SA NO.149/2015 P8:

TRUE COPY OF THE IA.NO.5432/2015 IN SA.NO.149/2015 FOR APPOINTING ADVOCATE COMMISSIONER P9:

TRUE COPY OF THE IA. FOR STAY FILED IN SA NO.149/2015 FOR APPOINTING ADVOCATE COMMISSIONER P10:

TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE BANK IN SA P11:

TRUE COPY OF THE IMPUGNED COMMUNICATION ISSUED BY THE ADVOCATE COMMISSIONER, WHO WAS APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA AS PER THE EXPARTE ORDER IN CMP.NO.2454/2015 P12:

TRUE COPY OF THE CERTIFICATE DATED 23/7/15 ISSUED BY THE AGRICULTURAL OFFICER VAZHATHOP P13:

TRUE COPY OF THE CMP.2454/15 DATED 10/6/15 P14:

TRUE COPY THE ORDER DATED 17/6/15 IN CMP.2454/15 BY CJM COURT THODUPUZHA.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / PJ P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No. 21075 of 2015 ****************************************************************************** Dated this the 30th day of July, 2015

JUDGMENT

Petitioners, challenging SARFAESI proceedings, have approached this Court.

2.

It is the case of the petitioners is that the secured asset is an agricultural property and therefore, the respondent Bank cannot proceed under the SARFAESI Act.

3.

In this matter, the learned counsel for the respondent Bank submits that the secured asset consists of residential building along with commercial building. Merely because there are certain trees in the property that cannot make the property as an agricultural property. The learned counsel for the Bank disputes the claim of the petitioner that is that the property is the agricultural property.

4.

It is admitted by both counsel that S.A.No.149/2015 is pending before the Debts Recovery Tribunal. It is submitted that no stay has been granted. If that be so, the proper remedy of the

W.P.(C) No. 21075 of 2015 2 petitioner is to seek appropriate interim relief before the Debts Recovery Tribunal. This Court would not be justified when the Securitization Application is pending before the statutory authority which is competent to decide upon the issue. Accordingly, declining the jurisdiction, this writ petition is disposed of. Therefore, without prejudice to the petitioners' nature of contention and raising all questions before the Debts Recovery Tribunal, the coercive steps initiated against the petitioners shall be deferred for a period of one month on condition that the petitioners remit Rs.2 lakhs within two weeks.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln