HOPE CONSTRUCTIONS, ANICKASSERIL BUILDING Vs. FEDERAL BANK LTD.

JUDGEMENT

(1.) The prayers in the above Original Petition (DRT) are as follows: "1. Call for the records leading to Exhibit P-18 order and order passed in I.A.2056/2019 in U.R.S.A(NDN 575/2019) and quash Exhibit P-18 order, Exhibits P-2, P-11 notices as those are illegal, arbitrary, unreasonable, unfair and unconstitutional.

(2.) Heard Sri.V.J.Joseph, learned counsel appearing for the petitioners and Sri.Mohan Jacob George, learned Standing Counsel for the Federal Bank appearing for the respondent.

(3.) Sri.V.J.Joseph, learned counsel appearing for the petitioners has made elaborate submissions to impugn the legality and correctness of the impugned Ext.P-18 order dated 13.12.2019 rendered by the Debts Recovery Tribunal-1, Ernakulam, on I.A.No. 241/2019 filed by the petitioners in U.R.S.A. (NDN.575/2019), whereby the plea of the petitioners to permit them to sue as indigent persons so that they could prosecute their aforesaid Securitisation application before the Tribunal, has been rejected, etc. Further the learned counsel for the petitioners would point out that the petitioners have raised valid contention that the subject property, which is now proceeded against by the respondent bank as per the SARFAESI Act, is in pith and substance, an agricultural land as understood in Sec. 31 (i) of the SARFAESI Act and that therefore, the entire provisions of the SARFAESI Act will stand exempted from its applicability to such a piece of land and the said vital plea of the petitioners has been cut out at the threshold inasmuch as their plea to permit them to sue as indigent persons has been rejected by the Tribunal as per the impugned Ext.P-18 order. In that regard, Sri.V.J.Joseph, learned counsel appearing for the petitioners would raise various averments in support of his contention that the impugned order has serious illegality and impropriety, which deserves interdiction at the hands of this Court under Art.227 of the Constitution of India in exercise of this Court's visitorial jurisdiction.