T.P.Lilly vs Authorised Officer & Chief … on 10 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 317 of 2008(K)


1. T.P.LILLY ,WW/O. LATE T.V.SIMON
                      ...  Petitioner
2. JOGY SIMON,S/O. LATE T.V.SIMON

                        Vs



1. AUTHORISED OFFICER & CHIEF MANAGER
                       ...       Respondent

2. INDIAN BANK, KUNNAMKULAM BRANCH,

3. SUB DIVISIONAL MAGISTRATE

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  :SRI.S.SREEKUMAR

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :10/12/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                     W.P(C).No.317 OF 2008
                  -------------------------------------------
            Dated this the 10th day of December, 2008

                              JUDGMENT

Petitioners are debtors who faced proceedings under

Section 14 of the SARFAESI Act. The only plea is that the

property to be delivered has not been identified. The

proceedings are now before the Sub Divisional Magistrate.

Having regard to the facts of this case, it is appropriate that the

bank moves the Chief Judicial Magistrate rather than the SDM.

Therefore, the third respondent SDM is directed to close the

impugned proceedings. If an application under Section 14 is

filed before the Chief Judicial Magistrate, learned Magistrate

will expedite consideration of that application and would also

consider deputing an Advocate Commissioner to identify the

property to be delivered in accordance with law, before effecting

actual dispossession. It is also necessary that parties are given

notice of the proceedings. The Chief Judicial Magistrate will

ensure that proceedings are concluded within a period of two

months. The writ petition is ordered accordingly. All other

issues are left open.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.