IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1438 of 2009(U)
1. S.SURESH KUMAR
... Petitioner
Vs
1. THE FEDERAL BANK LTD, REPRESENTED BY ITS
... Respondent
2. THE CHIEF MANAGER (AUTHORISED OFFICER)
3. THE MANAGER, FEDERAL BANK
For Petitioner :SRI.R.MANOJ
For Respondent :SRI.GEORGE VARGHESE (MANACHIRACKEL)
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :15/12/2009
O R D E R
C.K.ABDUL REHIM, J.
------------------------------
W.P.(C).No.1438 OF 2009
------------------------------
Dated this the 15th day of December, 2009
J U D G M E N T
———————-
1. Challenge in this writ petition is against proceedings
initiated under the provisions of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (SARFAESI Act). Learned standing counsel
for respondents submitted that the property which is sought to
be proceeded against has already been sold on 28.11.2008 by
the civil court, in an execution proceedings which was initiated
at the instance of the respondent Bank. It is further submitted
that the petitioner herein has now approached the executing
court with a petition to set aside the sale.
2. Under the above circumstances the issue pertaining to
the proceedings under the SARFAESI Act no more survives for
consideration. Hence the writ petition is closed without
prejudice to rights of the petitioner to seek appropriate remedy
from the civil court.
C.K.ABDUL REHIM, JUDGE.
okb