LAWS(KER)-2017-12-77

SIVAKUMAR G Vs. FEDERAL BANK LTD

Decided On December 04, 2017
Sivakumar G Appellant
V/S
FEDERAL BANK LTD Respondents

JUDGEMENT

(1.) These appeals are filed by the petitioners in W.P.(C). No.32218 of 2016 and O.P(DRT). No.92 of 2016, which were disposed of by the common judgment under appeal.

(2.) We heard the Senior Counsel for the appellant, learned counsel appearing for the Bank and also the counsel for the Asset Reconstruction Company.

(3.) W.A. No.2208 of 2017 arises from the judgment in W.P (C). No.32218 of 2016. In that writ petition, the challenge was against Ext.P8, notice issued by the Advocate Commissioner appointed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity 'SARFAESI Act') and Ext.P9 application filed by the company. O.P.(DRT). No.92 of 2016 was filed under Article 227 of the Constitution of India challenging Ext.P9 order passed by the Debt Recovery Tribunal permitting withdrawal of the possession notices and seeking a direction for consideration of Ext.P10, an application filed by the appellants, seeking orders under Section 19 of the SARFAESI Act.