Kerala High Court
E.K. Rajan vs The Authorised Officer, Canara Bank on 29 July, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944
WP(C) NO. 20592 OF 2022
PETITIONER/S:
E.K. RAJAN
AGED 63 YEARS
S/O.KRISHNANKUTTY, ENCHAKKAL HOUSE, KOLAZHY
P.O., THRISSUR - 680 010.
BY ADVS.
N.SASI
RASMI NAIR T.
RESPONDENT/S:
THE AUTHORISED OFFICER, CANARA BANK
ARM BRANCH, 2ND FLOOR, CANARA BANK BUILDING,
CHITTOOR ROAD, ERNAKULAM, KOCHI - 682 016.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.20592 of 2022 2
]
JUDGMENT
Dated this the 29th day of July, 2022 The petitioner is before this Court aggrieved by Ext.P4 sale notice proposing to sell the petitioner's property on 25.07.2022. The petitioner has submitted Ext.P2 letter to the respondent for private treaty of the property mentioned in item No.1 of Ext.P4 notice, contends the petitioner.
2. The petitioner states that for conducting a business, the petitioner availed a Cash Credit Facility in the year 2015 for an amount of ₹3 Crores. Certain properties were mortgaged to the respondent as security. On 23.01.2018, the respondent issued Section 13(2) Demand Notice under the SARFAESI Act seeking to recall the entire outstanding amount within 60 days.
W.P(C) No.20592 of 2022 3]
3. When the writ petition came up for hearing today, the Standing Counsel representing the respondent submitted that the sale notified has taken place on 25.07.2022. As the S.A filed by the petitioner is pending before the Debts Recovery Tribunal, the petitioner can very well approach the DRT for any relief in the matter, since the DRT is functioning now.
4. The Standing Counsel submitted that the respondent took possession of the property on 01.09.2018, under Section 13(4) of the SARFAESI Act. When the respondent-Bank filed application under Section 14(1) to take actual possession of the property, the petitioner's son, who is one of the guarantors, filed W.P(C)No.20187 of 2021.
In view of the afore facts, the writ petition is disposed of permitting the petitioner to approach the Debts Recovery Tribunal, Ernakulam in the pending SA No.359 of 2021 for any relief in the matter including his W.P(C) No.20592 of 2022 4 ] proposal for private treaty. While considering any application of the petitioner, the period during which this writ petition was pending before this Court (from 23.06.2022 to today) may stand excluded, for the purpose of computing period of limitation, if any.
Sd/-
N. NAGARESH, JUDGE smm/02.08.2022 W.P(C) No.20592 of 2022 5 ] APPENDIX OF WP(C) 20592/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 18/05/2022 PASSED BY THIS HON'BLE COURT IN WP(C) 27485/2021.
Exhibit P2 TRUE COPY OF THE LETTER DATED 25/05/2022 FOR PRIVATE TREATY ISSUED BY THE PETITIONER TO THE RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPLY LETTER DATED 26/05/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE SALE NOTICE PUBLISHED IN DESHABHIMANI DAILY DATED 17/06/2022.