V.B.Shaji Kumar vs South Indian Bank on 16 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37080 of 2008(L)


1. V.B.SHAJI KUMAR, 35 YEARS
                      ...  Petitioner

                        Vs



1. SOUTH INDIAN BANK, PB.NO.2702, DHARMODAY
                       ...       Respondent

2. JAMES KAPPAN, AUTHORISED OFFICER,

3. STEPHEN JOSEPH, S/O.JOSEPH,

                For Petitioner  :SRI.PAUL K.VARGHESE

                For Respondent  :SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :16/12/2008

 O R D E R
             THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                   W.P(C).No.37080 OF 2008
                   -------------------------------------------
            Dated this the 16th day of December, 2008


                               JUDGMENT

Notice to the respondents dispensed with preserving their

right to move for review of this judgment, if aggrieved.

The petitioner availed a loan from the first respondent and

defaulted repayment. The bank obtained a decree in its favour

in a civil suit. Even before this, there is a recovery order by the

Debts Recovery Tribunal under the Recovery of Debts Due to

Banks and Financial Institutions Act, 1993. Now, the property

has been purchased by a third respondent following proceedings

under the SARFAESI Act. I do not think it is appropriate for this

Court to interfere, particularly when third party interests have

been intervened. This writ petition is, hence, dismissed without

prejudice to the right of the petitioner to move under Section 17

of the SARFAESI Act.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.