SHAJI P SEBASTIAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Mr.Bechu Kurian Thomas, learned counsel appearing for the appellants.

(2.) Appellants herein approached the learned Single Judge seeking a declaration that they are entitled for confirmation of sale conducted by the Authorised Officer under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( hereinafter referred to as 'SARFAESI Act'). It is not in dispute that the property in question belongs to one Jiji Paul who availed two different loans from the respondent-Bank securing the property measuring about 8.15 Ares (20 cents) at Manjapra Village of Ernakulam District.

(3.) As against this, the respondent-Bank contends, the entire procedure of public auction in question is under the SARFAESI Act and, therefore, there cannot be any reliance so far as the provisions contemplated under O.XXI of Civil Procedure Code.