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HIGH COURT OF KERALA
GOPINATH P, J
VEERANKUTTY.T.M. – Appellant
Versus
THE SECRETARY TO GOVERNMENT – Respondent
| Table of Content |
|---|
| 1. allegations of fraudulent mortgage lead to writ seeking to quash related proceedings. (Para 2) |
| 2. arguments address the nature of proceedings under sarfaesi act and the alleged fraud. (Para 3 , 4) |
| 3. court reasoning on the non-adjudicative nature of section 14 proceedings. (Para 5) |
| 4. final determination of dismissal reaffirming tribunal's role under sarfaesi. (Para 6) |
JUDGMENT
Dated this the 06th day of January, 2023
This writ petition has been filed seeking the following reliefs:
“i. Issue a writ in the nature of Certiorari, or any other writ, order, or direction calling for the records of the case leading upto Exhibit P16 and quash the same.
ii. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, commanding the respondent No.4 not to proceed with the recovery of the Petitioner’s property having an extent of 0.0728 Hectar in Sy.No.1155/2 situated at Pazhayannur Village, Thalappilly Taluk, Thrissur District pending consideration of Exhibit P-15 by the 2nd Respondent.”
2. Learned counsel appearing for the petitioner would submit that the entire action taken by the bank under the provisions of the SARFAESI Act , 2002 are illegal on acc
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