Kerala High Court
P.P.Yahu vs The Malappuram District Co-Operative ... on 13 December, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 21ST DAYOF OCTOBER 2013/29TH ASWINA, 1935
WP(C).No. 25584 of 2013 (W)
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PETITIONER(S):
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P.P.YAHU, S/O.BEERANKUTTY,
PUTHANPARAMBIL HOUSE,
P.O PANGATHOOR PIN 676 302,
MALAPPURAM DISTRICT
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENT(S):
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1. THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.
TANUR 676 302 MALAPPURAM DISTRICT
REPRESENTED BY ITS MANAGER
2. THE AUTHORISED OFFICER(DGM)
THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD
MALAPPURAM 676 301.
BY SRI.ESM.KABEER, SC, MALAPPURAM DIST. CO.OP BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25584 of 2013 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TITTLE DEED NO 3603/2003 OF TANUR SUB
REGISTRAR OFFICE
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT
UNDER SECTION 13(4) OF THE SARFAESI ACT DATED 13/12/2012
EXHIBIT P3 TRUE COPY OF THE SALE DATED 25/09/2013 ISSUED BY THE 2ND
RESPONDENT
RESPONDENT(S)' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
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WP(C) NO. 25584 OF 2013
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Dated this the 21st day of October, 2013
JUDGMENT
The plea in essence is that the property offered as security interest are agricultural lands exempted from the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) act. Such a factual adjudication is possible only in proceedings under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal.
2. The sale of the property pursuant to Ext.P3 notice shall stand deferred by a period of one month. This is to enable the petitioner to resort to the statutory remedy as indicated above.
The Writ Petition is disposed of.
V. CHITAMBARESH JUDGE ncd