Sivakumar vs The Authorised & Chief Manager ... on 19 January, 2015

[Cites 2, Cited by 2]

Kerala High Court

Sivakumar vs The Authorised & Chief Manager ... on 19 January, 2015

Bench: A.M.Shaffique

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT:

           THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

     FRIDAY, THE 10TH DAY OF JUNE 2016/20TH JYAISHTA, 1938

                 WP(C).No. 19070 of 2016 (G)
                 ----------------------------


     PETITIONER(S):
     -------------

           SIVAKUMAR,AGED 50 YEARS,
            S/O SWAMY ACHARY, MURUGA BHAVAN,
            PALLITHOTTAM, KOLLAM-691303.

           BY ADV. SRI.THYPARAMBIL THOMAS THOMAS

     RESPONDENT(S):
     --------------

           THE AUTHORISED & CHIEF MANAGER SYNDICATE BANK
           REGIONAL OFFICE, HOSPITAL ROAD, SASTHAMANGALAM,
           THIRUVANANTHAPURAM-695010.

            BY SRI.R.S. KALKURA, SC, SYNDICATE BANK

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
       ADMISSION ON 10-06-2016, THE COURT ON THE SAME
       DAY DELIVERED THE FOLLOWING:


bp
WP(C).No. 19070 of 2016 (G)
----------------------------

                           APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

EXHIBIT P1:    TRUE COPY OF THE PASSBOOK IN LOAN A/C
               NO.45001550000539 OF THE PETITIONER FROM
               JANUARY, 199 TO 16 SEPTEMBER, 2015.

EXHIBIT P2:     TRUE COPY OF THE NOTICE ISSUED UNDER SECTION
                13(2) OF SARFAESI ACT.

EXHIBIT P3:     TRUE COPY OF THE POSSESSION NOTICE DATED
                19.1.2015 ISSUED BY THE RESPONDENT BANK.

EXHIBIT P4:     TRUE COPY OF THE ORDER DATED 5.8.2015 IN CMP
                NO.2336/15 OF CHIEF JUDICIAL MAGISTRATE,
                KOLLAM.

EXHIBIT P5:     TRUE COPY OF THE ADVOCATE NOTICE ISSUED BY THE
                PETITIONER TO RESPONDENT DATED 14.1.2016.

RESPONDENT(S)' EXHIBITS         :     NIL.


                                             //TRUE COPY//



                                             P.A. TO JUDGE

bp

                            A.M.SHAFFIQUE, J
                            ************
                        W.P.C.No.19070 of 2016
                     ----------------------------------------
                 Dated this the 10th day of June 2016



                            JUDGMENT

Petitioner has approached this Court being faced with proceedings under Section 14 of the SARFAESI Act.

2. The main contention urged by the petitioner is that no such petition could have been filed before the Chief Judicial Magistrate under Section 14 of the Act as the claim itself was barred by limitation. If the petitioner has a contention that the claim is barred by limitation, his remedy is to challenge the proceedings under Section 17 of the Act. This Court cannot adjudicate on such issues which have been projected by the petitioner.

Hence this writ petition is dismissed.

(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr

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