IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3217 of 2009(G)
1. A.VINCENT, S/O.ANDREWS, AGED 43 YEARS,
... Petitioner
Vs
1. THE AUTHORISED OFFICER, DEWAN HOUSING
... Respondent
2. THE MANAGER, DEWAN HOUSING FINANCE
For Petitioner :SRI.B.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/01/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
= = = = = = = = = = = = = = = = = = = = = = = =
W.P.(C).No.3217 of 2009-G
= = = = = = = = = = = = = = = = = = = = = = = =
Dated this the 30th day of January, 2009.
JUDGMENT
1.The petitioner is one among the co-obligants of a
transaction that has led to Ext.P7 possession
notice under Section 13(4) of the SERFAESI Act
read with Rule 8(1) of the Security Interest
(Enforcement) Rules, 2002 issued on 17-1-2009.
The petitioner is, therefore, well within time to
move the DRT under Section 17 of that Act.
2.The dispute appears to be that certain
remittances made by the petitioner have not been
given due credit to and that the petitioner is
prepared to pay off the remaining actual
outstandings within a short time frame. This is a
matter which would be well within the
jurisdiction of the DRT. It is also contended by
the petitioner that the respondents are not
WP(C)3217/2009 -: 2 :-
entitled to invoke the provisions of the SARFAESI
Act since the creditor is not an institution
notified for the purpose of that Act. This is
also a matter that could be looked into by the
DRT. It is inappropriate for the writ court to
enter on an adjudication as to whether due
credits have been given and the amount fixed in
the possession notice has been duly arrived at.
In the aforesaid circumstances, this writ
petition is dismissed preserving liberty of the
petitioner to move the DRT in terms of Section 17
of the SARFAESI Act.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/120209