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2021 Supreme(Online)(KER) 7769

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
KURUVITHADAM AGENCIES PVT LTD – Appellant
Versus
THE AUTHORIZED OFFICER – Respondent


Advocates:
SRI. DENU JOSEPH, SRI. BIBIN BABU, B.S. SURESHKUMAR

JUDGMENT

Dated this the 28th day of May, 2021 S. Manikumar, CJ Instant writ appeal is filed against the judgment in W.P.(C) No.26045 of 2020 dated 25.11.2020, by which, a learned single Judge of this Court dismissed the writ petition, holding thus:

“The petitioners have approached this Court aggrieved by Ext.P12 notice issued to them under Section 13 (2) of the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the 'SARFAESI Act'. Although various contentions are raised in the writ petition in its challenge against the said notice, I am of the view that inasmuch as the statutory scheme under the SARFAESI Act does not permit a borrower, who is served with a notice under (2) of the Act, to approach any forum against the said notice, but instead requires him to first file a representation in terms of (3A) before the secured creditor pointing out his objections to the notice served on him, the present Writ Petition is premature and hence not maintainable. This court has to keep in mind the statutory scheme under the SARFAESI Act while deciding on whether or not a writ petition ought to be entertained und

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