IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 36248 of 2010(E) -------------------------------------- PETITIONER: ------------------- A.ABDUL SALAM, AGED 60 YEARS, S/O.ABOOBACKER KUNJU, V.P.RESTAURANT, HOTEL AND BAKERS, N.H ROAD, KOTTIYAM, KOLLAM DISTRICT. BY ADV. SRI.N.K.MOHANLAL. RESPONDENTS: ------------------------ 1. AUTHORISED OFFICER AND CHIEF MANAGER, INDIAN BANK, ASSET RECOVERY MANAGEMENT BRANCH,II, WELLINGTON ESTATE, CIRCLE OFFICE BUILDING, 4TH FLOOR, 55/ETHIRAJ SALAI, CHENNAI-600 008. 2. CHIEF MANAGER, INDIAN BANK, HEAD OFFICE, 66, RAJAJI SALAI, CHENNAI-670 001. 3. M/S.EAST WEST TRAVEL AND TRADE LINKS LIMITED, 75F, NEHRU ROAD, WHILE PARLE, EAST MUMBAI, PIN-400 099, REP. BY ITS MANAGING DIRECTOR. 4. NASARUDEEN, S/O.ABDUL VAHID MUSALIYAR, KOTTAVILAKAM HOUSE, ODEYAM, IDAVA, KOLLAM, PIN-695 311, REPRESENTED BY HIS BROTHER AND POWER OF ATTORNEY HOLDER THAHAKKUTTY, S/O.ABDUL VAHID MUSALIYAR, KOTTAVILAKAM(H), ODEYAM, IDAVA, KOLLAM. R1 & R2 BY SRI. S. EASWARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 36248 of 2010 --------------------------------- Dated this the 3rd day of December, 2010 JUDGMENT Petitioner is challenging the notice issued by Advocate Commissioner appointed by the Chief Judicial Magistrate's Court, Kollam, in a proceedings under section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). Petitioner claims to be a tenant in occupation of a building situated in the secured asset which is sought to be taken over possession. The petitioner was requested to handover possession of the entire premises on 4.12.2010. 2. It is stated that on an earlier occasion when sale of the premise was posted, the petitioner had approached this court in WP(C).No.25198/2010 and the writ petition was dismissed considering the merits of the contentions raised, holding that as a building tenant the petitioner has no right to restrain the proceedings initiated under the SARFAESI Act. In view of the judgment in the above case the petitioner is not entitled to file this writ petition seeking the very same relief. Hence the writ WP(C).36248/2010 2 petition is dismissed. 3. However it is made clear that the petitioner will be at liberty to approach the respondents for purchasing the building in question either by participating in the auction sale or through other methods if permissible under law. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).36248/2010 3