High Court Kerala High Court

P.M. Kuknju Bava vs The Hongkong And Shanghal Banking on 21 January, 2009

Kerala High Court
P.M. Kuknju Bava vs The Hongkong And Shanghal Banking on 21 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 61 of 2007()


1. P.M. KUKNJU BAVA, C/O.K.E. BASHEER,
                      ...  Petitioner

                        Vs



1. THE HONGKONG AND SHANGHAL BANKING
                       ...       Respondent

2. DR. C.I.GEORGE,

                For Petitioner  :SRI.WILSON URMESE

                For Respondent  :SRI.VARGHESE.C.KURIAKOSE

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :21/01/2009

 O R D E R
                  J.B.KOSHY, Ag.CJ & V.GIRI, J.
                  ===========================
                       W.A.No.61 of 2007
               ===============================
            Dated this the 21st day of January, 2009.

                        J U D G M E N T

Koshy, Ag.CJ.

According to the appellant, his property was sold while

recovering amounts due to the bank under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002. He contends that the above action is without

notice and without jurisdiction and the amount realised from the

sale proceedings was meagre and has no reflection to the market

value. The learned Single Judge directed the petitioner to avail

remedies under the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 and the

writ petition was not maintainable. We see no ground to

interfere in the impugned judgment. Appellant has to file an

application under Section 17 of the Act before the Debt Recovery

Tribunal. However, we give three weeks’ time to the appellant to

file an application under Section 17 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

W.A.No.61 of 2007

2

Interest Act, 2002 before the Debt Recovery Tribunal. If such an

application is filed within three weeks from today, it should be

considered on merits in accordance with law.

The writ appeal is disposed of as above.

J.B.KOSHY,
ACTING CHIEF JUSTICE.

V.GIRI, JUDGE.

bkn/-