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2011 Supreme(Ker) 723

S.SIRI JAGAN
Punjab National Bank Rep. By Its Chief Manager – Appellant
Versus
Consumer Disputes Redressal Forum – Respondent


Advocates Appeared:
For the Petitioner:P.K. Suresh Kumar, Smt. M. Sindhu Thankam, Advocates.
For the Respondent:M.D. Sasikumaran, K.S. Hariharaputhran, George Mathew, Dipu James, Smt. K.V. Ramya, Advocates.

JUDGMENT :-


1. The petitioner Bank challenges an interim order of the Consumer Disputes Redressal Forum, Alappuzha, passed under the Consumer Protection Act, 1986, in Ext.P4 complaint filed by respondents 1 and 2, restraining and prohibiting the petitioner from taking auction proceedings of sale and other proceedings against the respondents 2 and 3, pursuant to a notice issued by the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), for recovery of loan amounts due under a loan given to the respondents 2 and 3, on the ground that the respondents 2 and 3 have made out a prima facie case against the petitioner and there is a consumer dispute. According to the petitioner, the Consumer Disputes Redressal Forum (CDRF) has no jurisdiction to entertain a challenge against the proceedings under the SARFAESI Act. The petitioner therefore seeks the following reliefs:

"a) quash Ext.P3 order by the issue of a writ of certiorari or other appropriate writ, order or direction.

b) issue a writ of prohibition or other appropriate writ, order or direction restraining the 1st respondent from proceeding further wit



























































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