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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
GEORGE VARGHESE – Appellant
Versus
THE AUTHORISED OFFICER, THE KERALA BANK (KERALA STATE CO-OPERATIVE BANK) – Respondent
| Table of Content |
|---|
| 1. challenge to possession notice under sarfaesi act. (Para 1 , 2) |
| 2. petitioner failed to press first relief, second relief closed. (Para 3 , 4) |
| 3. requirement of statutory remedy before writ petition. (Para 5 , 6) |
| 4. high court intervention limited due to existing remedy. (Para 7 , 8 , 9) |
| 5. final judgment: appeal dismissed with no merit. (Para 10) |
Anil K. Narendran, J.
The appellant filed W.P.(C)No.16670 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 possession notice dated 03.03.2025 issued by the 1st respondent Authorised Officer, Kerala State Co-operative Bank; and a writ of mandamus commanding the 1st respondent Authorised Officer to consider the objections in Ext.P5 representation dated 09.04.2025, within a specified time limit to be fixed by this Court.
2. Ext.P4 possession notice dated 03.03.2025, which was under challenge in the writ petition, was one issued by the 1st respondent Authorised Officer, invoking the provisions under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)
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