SHAMSUDHEEN v. AUTHORISED OFFICER
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE D. K. SINGH
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-23. SHAMSUDHEEN v. AUTHORISED OFFICER. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH RD TUESDAY, THE 23 DAY OF JULY 2024 / 1ST SRAVANA, 1946 WP(C) NO. 43480 OF 2023 PETITIONER/S: 1 SHAMSUDHEEN AGED 42 YEARS S/O. MOHAMMED, KUNNATHU HOUSE, TIRURKKAD, MALAPPURAM. , PIN - 679351 2 JUSTIN GEORGE AGED 50 YEARS S/O. GEORGE, HOUSE NO. V/9, AIPPAN PARAMBIL, KEERIPARA, MANIKKASSERY POST, KONGAD AMSOM DESOM, PALAKKAD TALUK, PALAKKAD DISTRICT. , PIN - 678631 BY ADVS. P. R. VENKATESH LAKSHMI MEENAKSHI P. R. RESPONDENT/S: AUTHORISED OFFICER KERALA STATE CO-OPERATIVE BANK (ERSTWHILE MDC BANK), P. B. NO. 8, MANJERI ROAD, UP-HILL, MALAPPURAM, PIN - 678505 BY ADV GILBERT GEORGE CORREYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P(C) No.
43480 of 2023 JUDGMENT The present writ petition has been filed impugning the possession notice issued under the provision of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘the SARFAESI Act’ for short). The remedy against the impugned notice is not a writ petition but taking appropriate proceedings before the Debt Recovery Tribunal (DRT) under the provision of the SARFAESI Act. In view thereof, the present writ petition is disposed of, with liberty to the petitioner to file appropriate proceedings before the DRT, if the petitioners are so advised. The time spend in prosecution of this writ petition shall be condoned, while entertaining the proceedings filed before the DRT. Sd/- DINESH KUMAR SINGH JUDGE SJ W. P(C) No. 43480 of 2023 APPENDIX OF WP(C) 43480/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF STATEMENT OF ACCOUNT FROM 6. 8. 2015 TO 4. 10. 2023 ISSUED BY THE BANK EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 25. 9.
2023 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION BY THE 1ST PETITIONER ON 07. 10. 2023 TO THE BANK
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.