K.Sethumadhavan vs Calicut Co-Operative Urban Bank … on 10 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1848 of 2007()


1. K.SETHUMADHAVAN, S/O. APPUTTY,
                      ...  Petitioner

                        Vs



1. CALICUT CO-OPERATIVE URBAN BANK LTD.,
                       ...       Respondent

2. THE AUTHORISED OFFICER,

3. THE UNION OF INDIA,

4. K.JANAKI AMMA, D/O. SREEDHARAN NAIR,

5. K.MOHANDAS,

                For Petitioner  :SRI.SAKIR.K.H.

                For Respondent  :SRI. AJITH KRISHNAN, ADDL.CGSC

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :10/02/2009

 O R D E R
             J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J.
                 ===========================
                   W.A.No.1848 of 2007 - E
               ===============================
           Dated this the 10th day of February, 2009.

                        J U D G M E N T

Koshy, Ag.CJ.

Appellant/petitioner is challenging the proceedings under

the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002. Learned Single

Judge found that the writ petitioner has an alternate remedy

under Section 17 of the Act. We see no ground to interfere in the

above. However, since the writ appeal was admitted and pending

for long time, we cannot non-suit the appellant without any

remedy available. We also note that there was no sitting of the

DRT at Cochin for a long time. If the appellant files an

application under Section 17 of the SARFAESI Act within a period

of three weeks from today, it should be considered by the

Tribunal on merit. With that modification, we dispose of this writ

appeal.

J.B.KOSHY,
ACTING CHIEF JUSTICE.

P.BHAVADASAN, JUDGE.

bkn/-