THE FEDERAL BANK LTD. Vs. VARGHESE MUNDACKAL

JUDGEMENT

(1.) Ext. P29 order passed by the court below on Ext. P1 IA is under challenge. Ext. P1 IA has been filed by the plaintiff in the suit as petitioner, seeking the production of a series of documents allegedly relating to the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act') initiated by the petitioner herein, the Federal Bank Limited. It seems that SARFAESI proceedings were initiated by the Bank through notice dated 15.12.2006 allegedly issued by the Bank under Sec. 13(2) of the SARFAESI Act. According to the Bank, as the said notice could not be served properly, it was published as notice dated 16.01.2007, in newspaper dated 20.01.2007. Copies of such notice dated 16.01.2007 are Ext. P8 as well as Ext. P8(a).

(2.) According to the plaintiff, there was no valid notice as contemplated under Sec. 13(2) of the SARFAESI Act as notice dated 15.12.2006 was not properly served and over and above it, the other notice dated 16.01.2007 cannot be treated as the publication of notice dated 15.12.2006. According to the petitioner, the notice was served on the plaintiff through e -mail on 15.12.2006 itself. Ext. P5 shows the delivery status of the said notice, which reveals that the same was delivered in the said e -mail address.

(3.) The suit is filed by Dr. Varghese Mundackal, who is the sole respondent herein, as plaintiff. It has been filed by the plaintiff in his personal capacity as is shown in his address in the plaint. It was in that capacity he has filed Ext. P1 IA also before the court below. Relief 'A' sought for in the suit is the following: - -