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2009 Supreme(Ker) 462

P.R.RAMACHANDRA MENON
K. P. Muhammed Basheer – Appellant
Versus
Deputy General Manager – Respondent


Advocates Appeared:For the Petitioner:V.T. Madhavanunni, Advocate. For the Respondents:P. Narayanan, Advocate.

Judgment :-

The petitioner had availed a personal loan to the tune of Rs. Six lakhs from the respondent Bank in March, 2006. However, he was not at all eager to effect any payment under the loan, which made the respondent-Bank to declare the transaction as 'NPA' followed by appropriate proceedings pursued under the SARFAESI Act, which has been sought to be intercepted by filing this Writ Petition.

2. The one and only contention raised before this Court and sought to be highlighted by the learned Counsel for the petitioner is that the property concerned herein is an agricultural land and as such, it is outside the purview of the proceedings now being stated as pursued by the respondent -Bank against the petitioner in view of the specific clause of 'exclusion' as stipulated under Section 31 (i) of the Act. The petitioner has also placed reliance on Ext.P1 permit issued by the Rubber Board and also Ext. P6 title deed produced along with I.A.No. 6821 of 2009 to contend that the concerned property is an agricultural land.

3. The respondents have filed a statement rebutting the averments and allegations raised by the petitioner asserting that absolutely no interference is warranted in the




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