STATE BANK OF INDIA, KODAKARA BRANCH,OPPOSITE GOVERNMENT L.P. SCHOOL, CHALAKUDY ROAD, KODAKARA. P.O., THRISSUR Vs. RAPHY, S/O. VARIKKASSERY KUNJUVARKEY, PROPRIETOR, M/S. VARIKKASSERY STORES, CHALAKUDY HIGHWAY ROAD, KODAKARA P.O., THRISSUR

JUDGEMENT

(1.) The petitioner, who is the 2nd defendant in O.S.No.2405 of 2016 on the file of Principal Munsiff's Court, Irinjalakkuda, is before this Court in this Original Petition filed under Article 227 of the Constitution of India seeking an order to quash Exts.P4 and P5 orders dated 22.2.2017 of the Principal Munsiff's Court, Irinjalakuda in I.A.Nos.6349 of 2016 and 8629 of 2016 in O.S.No.2405 of 2016 and for a declaration that O.S.No.2405 of 2016 filed by the 2nd respondent herein is not maintainable in view of Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, 'the SARFAESI Act') and Section 17 of the said Act, as amended by the Enforcement of Security Interest and Recovery of Debt Laws and Miscellaneous Provisions (Amendment) Act, 2016.

(2.) On 17.7.2017 this Court admitted this Original Petition on file and issued notice to the respondents. This Court has also granted an interim stay of Exts.P4 and P5 orders and all further proceedings in O.S No.2405 of 2016 on the file of the Principal Munsiff's Court, Iringalakkuda, for a period of one month. The said interim order, which was extended from time to time, is still in force.

(3.) Heard the learned counsel for the petitioner/2nd defendant and also the learned counsel for the 2nd respondent/plaintiff. Despite service of notice none appeared for the 1st respondent/1st defendant.