High Court Kerala High Court

Mr. T.A.Augustine vs Union Of India on 4 January, 2008

Kerala High Court
Mr. T.A.Augustine vs Union Of India on 4 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 35180 of 2007(K)


1. MR. T.A.AUGUSTINE,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REP. BY ITS SECRETARY,
                       ...       Respondent

2. UNION BANK OF INDIA,

3. THE AUTHORISED OFFICER,

                For Petitioner  :SRI.VARGHESE C.KURIAKOSE

                For Respondent  :SRI.A.S.P.KURUP, SC, UBI

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/01/2008

 O R D E R
                     ANTONY DOMINIC, J.
                    ===============
                W.P.(C) NO. 35180 OF 2007 L
               =====================

           Dated this the 4th day of January, 2008

                        J U D G M E N T

The challenge in this writ petition is against the

proceedings initiated by the Bank under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002. First objection is against Ext.P4 possession

notice issued by the bank on 16/11/2007. It is contended by the

petitioner that 13(2) notice having been served only on 26/9/07,

Ext.P4 issued on 16/11/2007 was premature. This submission of

the learned counsel is not contested by the Bank. On the other

hand, all that the Bank would now submit is that in any case by

now, the period specified in the Act has expired and that the

Bank does not intend to act upon Ext.P4.

2. Yet another contention raised by the petitioner is that

on receipt of Ext.P4 notice issued under Section 13(2), Ext.P5

WPC 35180/07
:2 :

reply has been submitted by the petitioner and that considering

the objection vide Ext.P5, no order has been passed. In reply to

this submission, it is submitted by the standing counsel for the

Bank that if reply has not been given, they will consider the reply

and pass orders thereon. According to him, only thereafter,

further action will be continued against the petitioner.

3. In so far as the contention of the petitioner that the

property involved is an agricultural property is concerned, this is

disputed by the Bank. According to the Bank, this being a

“purayidam” is not eligible to be exempted from the purview of

the Act. In any case, in view of the serious factual dispute raised

in this respect, I do not propose to examine the correctness or

otherwise of this argument and leave open the parties to contest

the same in appropriate proceedings.

In view of what has been submitted by the counsel for the

Bank and recorded as above, this writ petition is disposed of.

ANTONY DOMINIC, JUDGE.

Rp