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S.SIRI JAGAN
Punjab National Bank – Appellant
Versus
Consumer Disputes Redressal Forum – Respondent


Counsel for the Parties:
For the Petitioner:P.K. Suresh Kumar and M. Sindhu Thankam, Advocates.
For the Respondents:M.D. Sasikumaran, K.S. Hariharaputhran, George Mathew, Dipu James and K.V. Ramya, Advocates.

JUDGMENT

S. Siri Jagan, J.—The petitioner Bank challenges an interim order of the Consumer Disputes Redressal Forum, Alappuzha, passed under the Consumer Protection Act, 1986, in Ex 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 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 Ex.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

























































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