GIRIJA BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These two writ petitions have been filed by the homebuyers having entered into an agreement with the builder for purchasing the flats in the building to be constructed, by challenging the action of the Bank initiated under the SARFAESI Act .

(2.) Before this Court could hear the argument of the counsel on merits, confronted him regarding the locus standi and maintainability of the writ petitions in the absence of any lis between the Bank and the petitioners, the counsel for the petitioners submits that the builder has duped the homebuyers by mortgaging the property after having taken a substantial amount and intentionally defaulted by creating a very anomalous situation leaving them on a lurch and remedyless. It is in these circumstances, petitioners have approached this Court for redressing their grievances.

(3.) Per contra, the learned standing counsel for the Bank raised objection qua the maintainability and argued that the remedy of the petitioners lies elsewhere.