Valsalan.P vs Baby Joseph on 27 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3795 of 2009()


1. VALSALAN.P, S/O.KANAVAN,
                      ...  Petitioner

                        Vs



1. BABY JOSEPH, AUTHORISED OFFICER,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :27/01/2010

 O R D E R
                             P. BHAVADASAN, J.
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                         Crl.M.C. No. 3795 of 2009
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                Dated this the 27th day of January, 2010.

                                       ORDER

This is a petition filed under Section 482 of the

Code of Civil Procedure seeking to have Annexure A1 notice

and all further proceedings pursuant thereto quashed.

2. Petitioner was the first respondent in

C.M.P.3732 of 2009 on the file of the Chief Judicial

Magistrate Court, Kozhikode. Petition was filed by the first

respondent under Section 14 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act. The prayer was to take possession of the

property of the petitioner herein. The Commissioner issued

notice to the petitioner. Assailing this notice, this petition has

been filed.

3. The remedy of the petitioner is to approach the

Debt Recovery Tribunal under the SARFAESI Act for

appropriate relief.

Crl..C.3795/2009. 2

Reserving the liberty of the petitioner to approach the

Debt Recovery Tribunal, this petition is dismissed.

P. BHAVADASAN,
JUDGE

sb.