HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
VALSA K K – Appellant
Versus
HDFC LTD Advocate - S AMBILY, ,S AMBILY,K K CHANDRAN PILLAI (SR – Respondent
J U D G M E N T
The petitioner has approached this Court challenging SARFAESI proceedings initiated by the first respondent on the ground that the claim against the second respondent is pending before the Lok Adalat. According to the petitioner, her husband died in an accident after he consumed acid instead of water. He had an insurance with the second respondent, but the second respondent did not pay the insurance amount on the ground that there was suppression of material facts as the deceased was suffering from diabetes, which was not disclosed at the time when the insurance policy was taken. This matter is under challenge before the Lok Adalat. In the meantime, the first respondent had taken steps for recovering the amount availed of by the petitioner as well as her husband by mortgaging the property. The request made by the petitioner is to stay the SARFAESI proceeding during the pendency of the matter before the Lok Adalat.
2. I do not think that this Court should interfere with the proceedings under the SARFAESI Act merely for the reason that a claim against the second respondent is pending before the Lok Adalat. There is no legal right available to the petitioner to seek suc
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