JUSTIN VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner challenges the revenue recovery steps taken against the petitioner pending proceedings under the SARFAESI Act.

(2.) The short facts involved in the Writ Petition would disclose that the petitioner availed a loan of Rs. 25,00,000.00 in the year 2012 from the 3rd respondent Bank mortgaging his property. When proceedings were taken under the SARFAESI Act (hereinafter referred to as 'the Act'), the petitioner approached the Debts Recovery Tribunal (hereinafter referred to as 'the Tribunal') and had filed Securitisation Application under Sec. 17 of the Act. The said application is still pending. Petitioner submits that in the meantime, Exts.P1 and P2 notices had been issued under Sec. 7 of the Kerala Revenue Recovery Act (hereinafter referred to as 'the KRR Act) and notice for attachment under Sec. 34 of the Act by which the petitioner is called upon to pay an amount of Rs. 29,28,967/- with interest and other costs.

(3.) The main contention urged by the petitioner is that there is no provision enabling the Bank to initiate revenue recovery proceedings against the petitioner and that too when proceedings are already taken by the Bank under the Act which is pending consideration before the Tribunal.