BEENA SODARAN Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The appellant filed W.P.(C) No. 3627 of 2018 challenging SARFAESI proceedings. By the judgment under appeal the learned Single Judge declined to entertain the writ petition having regard to the principles laid down by the Apex Court in State Bank of Travancore v. Mathew K.C., 2018 1 ILR(Ker) 479. It is this judgment which is impugned before us.

(2.) We heard the Counsel for the appellant and the learned Counsel appearing for the respondents.

(3.) The fact that, in the judgment referred to above, the Apex Court has indicated that the forum available to an aggrieved like the appellant is the forum created under the SARFAESI Act is not in dispute. That apart, in this particular case, the dispute between the parties is with regard to the exact liability that is due to be discharged. Such a dispute is incapable of interference in a proceedings under Article 226 of the Constitution of India. Therefore, we do not find any reason to interfere with the judgment under appeal.