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2007 Supreme(Ker) 631

THOTTATHIL B.RADHAKRISHNAN
A. P. Varghese – Appellant
Versus
Kerala State Co-operative Bank Ltd. – Respondent


Advocates Appeared:
Sunil V. Mohammed, B. Renjith Marar, Mathew John, Ajeesh K. Sasi, R. Ramadas, G .Suma, for Petitioner; Nagaraj Narayan, S. C., K. S. Co-op. Bank, P Parameswaran Nair, Asst. S. G.. Smt. Anu Sivaraman, Govt. Pleader, Devaprasanath P. J., George Poonthottam, V. G. Arun. Sunil Cyriac. T. R. Harikumar. Ajith Krishnan, for Respondents.

Judgment :

THOTTATIUL B. RADHAKRISHNAN, J. :- Are the Kerala State Co-operative Bank the District Co-operative Banks and the Urban Co-operative Banks entitled to invoke the provisions of the Central Act 54/2002 hereinafter referred to as the "SARFAESI Act"? This is the issue involved in these writ petitions.

2. Section 13(1) of the SARFAESI Act authorizes a secured creditor to enforce a security interest, without the intervention of the Court or Tribunal, in accordance with the provisions of that Act. The different clauses of Section 2(1), forming the interpretation clause of that Act are relevant in this context. Clause (zf) defines "security interest". Clause (zd) defines a "security creditor" to mean any bank or financial institution or any consortium or group of banks or financial institutions in whose favour security interest is created for due repayment, by any borrower, of any financial assistance and includes the different entities enumerated in sub-clauses (1) to (iii) thereof. Clause (c) defines a "bank" to mean among other things, going by sub-clause (v) such other bank which the Central Government may, by notification, specify for the purposes of the SARFAESI Act. The Co-



























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