Naseera Abdul Salam vs. Catholic Syrian Bank LTD.
Held
The High Court closed the writ petition, directing the petitioner to approach the Debts Recovery Tribunal (DRT) for appropriate relief, as the Tribunal had resumed regular sittings. The period the writ petition was pending was excluded for limitation purposes for filing a securitisation application, and coercive steps were deferred for three weeks.
Facts
The petitioner challenged a SARFAESI notice issued by the respondent bank through a writ petition. The High Court initially entertained the petition and granted interim relief, requiring a remittance of Rs. 28 lakhs, due to the absence of a Presiding Officer at the Debts Recovery Tribunal (DRT).
Key Issues
The primary issue was whether the High Court should continue to entertain a SARFAESI challenge when the Debts Recovery Tribunal, the usual forum, had resumed sittings, and how to manage the transition of the case to the Tribunal.
Sections Cited
Section 13 (SARFAESI Act - mentioned in Exhibit P4, not discussed in judgment text)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 WP(C) NO. 27551 OF 2021 PETITIONER/S: NASEERA ABDUL SALAM, AGED 55 YEARS W/O. ABDUL SALAM, MAMMASRAILLATH CHAMAKKALAYIL, PAY BAZAR, ERIYAD P.O., AZHIKODE, THRISSUR 680 666, PROPRIETRIX GOLDEN TEA, MANUFACTURES AND EXPORTER, NO. XII/223-3, 2ND FLOOR, KALACHIRA TOWER WEST NADA, KODUNGALLOOR, THRISSUR 680
BY ADVS. P.SATHISAN DONA AUGUSTINE ATHUL RAJESH RESPONDENT/S: 1 CATHOLIC SYRIAN BANK LTD., ZONAL OFFICE, THRISSUR, POST, BOX NO. 502, ST MARY'S, COLLEGE ROAD, CSB BHAVAN, THRISSUR 680020. 2 RESERVE BANK OF INDIA, BANERJI RD, ERNAKULAM NORTH, KALOOR P.O. ERNAKULAM, KERALA 682 018, REP. BY ITS MANAGER. 3 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P.O. 695 001. 4 STATE GOODS AND SERVICES TAX DEPARTMENT, GOVERNMENT OF KERALA, 9TH FLOOR, TAX TOWER, KILLIPPALAM, KARAMANA P.O., THIRUVANANTHAPURAM 695 002, REPRESENTED BY COMMISSIONER. BY ADVS. MADHU RADHAKRISHNAN NELSON JOSEPH
WP(C).27551/21 2 M.D.JOSEPH DEEPAK ASHOK KUMAR OTHER PRESENT: DR. THUSHARA JAMES (SR GP) SRI
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