IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 26934 of 2010(N) -------------------------- PETITIONER(S): --------------- V.P.AYISHABI, W/O. ABDUL KHADER P.P., PUTHIYA PARAMBATH HOUSE, THOTTUNGAL, CHERUVANNUR, FEROKE. BY ADV. SRI.AVM.SALAHUDDEEN RESPONDENT(S): --------------- 1. THE CATHOLIC SYRIAN BANK REPRESENTED BY ITS GENERAL MANAGER, CATHOLIC SYRIAN BANK, CBS BHAVAN, HEAD OFFICE,THRISSUR. 2. THE AUTHORISED OFFICER & DEPUTY ZONAL MANAGER, CATHOLIC SYRIAN BANK LTD., ZONAL OFFICE, KOZHIKODE. 3. THE MANAGER, THE CATHOLIC SYRIAN BANK LTD., FEROKE BRANCH, KOZHIKODE. 4. M/S. K.H.STEEL, 13/241, OLD BRIDGE ROAD, CHERUVANNOOR, FEROKE, KOZHIKODE. 5. K.MOHAMMED MUSTHAFA, S/O.MAMMY, "DHARUL FASAL", KOTTAYILAKATH, KANNATTIKULAM ROAD, POST KOLATHARA, CHERUVANNUR, FEROKE, KOZHIKODE. 6. SUHARA, W/O. LATE K.ABDUL HAMEED, PONNATH PARAMBU, NEW INDIA CERAMIC COMPOUND, CHERUVANNUR, FEROKE,KOZHIKODE. 7. SABIRA, W/O.ABDUL RAZAK, PONNATH PARAMBU, NEW INDIA CERAMIC COMPOUND, CHERUVANNUR, FEROKE, KOZHIKODE. (...2) WP(C).26934/10 2 8. SHABEER, S/O.LATE K.ABDUL HAMEED, PONNATH PARAMBU, NEW INDIA CERAMIC COMPOUND CHERUVANNUR, FEROKE, KOZHIKODE. 9. VANDANA K.C., ADVOCATE COMMISSIONER, CALICUT BAR ASSOCIATION, KOZHIKODE. ADV. SRI.C.A.JOY , SC, CSB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ----------------------------------------- W.P.(C).No.26934 of 2010 ----------------------------------------- Dated this the 20th day of September, 2010 J U D G M E N T ---------------------- Exts.P11 & P12 notices issued by the Advocate Commissioner requesting to hand over possession of the immovable properties, which are secured assets, issued under the provisions of Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), are under challenge in this writ petition. 2. Petitioner is a guarantor for a loan availed by the 4th respondent firm from the 1st respondent Bank. Immovable properties belonging to the petitioner was mortgaged for securing the loan. Consequent to default committed in repayment, steps under the SARFAESI Act was initiated. At the time when the writ petition came up for admission, this court directed to keep W.P.(C).26934/10-N -2- dispossession of the petitioner from the property in abeyance, subject to condition of the petitioner remitting a sum of Rs.5 lakhs. It is submitted that the stipulation mentioned above has already been complied with. 3. According to the respondent Bank, an amount of more than Rs.66 lakhs is due with respect to the loan account. Since the petitioner is raising serious disputes regarding correctness of such demand, it is for the petitioner to seek appropriate remedy by invoking Section 17(1) of the SARFAESI Act, by approaching the appellate forum. This court in Article 226 is not supposed to enter upon any adjudication regarding dispute pertaining to correctness of the demand. 4. Having confronted with such situation, learned counsel for the petitioner sought permission to withdraw this writ petition without prejudice to rights of the petitioner to file appeal against the impugned proceedings before the Debts Recovery Tribunal, invoking Section 17(1). He further prays that, in order to facilitate the petitioner to W.P.(C).26934/10-N -3- approach the Tribunal, dispossession and sale of the immovable properties shall be kept in abeyance for a reasonable period. Having considered facts and circumstances I am of the opinion that the writ petition can be permitted to be withdrawn with liberty to approach the appellate authority. 5. Accordingly the writ petition is dismissed as withdrawn without prejudice to rights of the petitioner to move before the appellate authority as provided under law. 6. The respondents are directed to keep in abeyance further steps for dispossession and sale of the immovable properties initiated pursuant to Exts.P11 & P12 notices, for a period of two weeks from today. C.K.ABDUL REHIM, JUDGE. okb