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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
RAJESH A.R. – Appellant
Versus
CANARA BANK – Respondent
| Table of Content |
|---|
| 1. petitioner's allegation of wrongful dispossession during pending application. (Para 1) |
| 2. opposition from respondent highlighting procedural actions taken. (Para 2) |
| 3. court's direction for timely consideration of pending applications. (Para 3) |
| 4. decision to prevent coercive actions until application is addressed. (Para 4) |
JUDGMENT
Petitioner approached this Court alleging that, when his Securitisation Application (Ext.P1) is pending before the Debt Recovery Tribunal, along with an application seeking stay of further proceedings (Ext.P3), the respondent Bank is simultaneously proceeding under the SARFAESI Act to dispossess the petitioner. Learned counsel would submit that once SARFAESI proceedings are permitted to be initiated, the subject matter of the S.A will become infructuous, thus, depriving the petitioner of his valuable right. The petitioner seeks a direction to keep in abeyance all coercive proceedings, until Ext.P3 I.A in Ext.P1 S.A is considered and disposed of by the D.R.T-1, Ernakulam.
2. This is seriously opposed by the learned Standing Counsel for the respondent Bank. It was pointed out that the Advocate Commissioner was first appointed on 07.04.2025
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