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2024 Supreme(Online)(KER) 2518

HIGH COURT OF KERALA
N. NAGARESH, J
RAJITH KUMAR – Appellant
Versus
CANARA BANK – Respondent


JUDGEMENT

~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners 1 and 2, who have mortgaged their properties to the 1st respondent-Canara Bank, have filed this OP(DRT) under Article 227 of the Constitution of India seeking to set aside the order dated 16.11.2023 in IA No.2772/2023 in SA No.436/2023 of the Debts Recovery Tribunal-I, Ernakulam. The petitioners also seek to set aside Ext.P7 sale notice.

2. The prime ground urged by the petitioners is that properties which are proceeded against by the 1st respondent-Bank, are agricultural land and are exempted under Section 31 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, : 4 :

2002. Even though the petitioners submitted objections pointing out that the land is agricultural land, the 1st respondent-Bank is illegally proceeding against the properties.

3. I have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondents 1 and 2.

4. The grievance of the petitioners is against the steps taken by the 1st respondent-Bank invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,

2002.

5. It is s

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