SYNDICATE BANK Vs. MOHAMMED SHOOJA M

JUDGEMENT

(1.) Dated this the 6th day of November 2019 S. Manikumar, CJ Being aggrieved by the order made in W.P(C). No.22512 of 2019 dated 22.8.2019 permitting the respondent to pay sum of Rs.59,02,981/-, being the outstanding amount as on 19.8.2019 with all applicable charges and interest in four equal monthly instalments starting from 20.9.2019 and directing the respondent to file an undertaking before the Bank, within a period of one week from the date of receipt of a copy of the judgment in W.P(C). No.22512 of 2019, that he would surrender vacant possession of the secured asset if he commits any default in payment as directed and against further directions, instant writ appeal is filed on the grounds inter alia that Ext.P3 notice issued by the Advocate Commissioner is appealable before the Debt Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and that writ petition ought not to have been entertained in the light of decisions of Honourable Supreme Court in United Bank of India v. Satyawati Tondon [(2010) 8 SCC 110] and Authorised Officer, State Bank of Travancore and Another v. K.C. Mathew [(2018) 3 SCC 85]. Further attention of this Court is also invited to the decision of Honourable Supreme Court in Civil Appeal Nos.10243-10250 of 2018, [ICICI Bank Ltd. v. Umakanta Mohapatra and Others].

(2.) Heard learned counsel for the parties and perused the materials available on record. Ext.P3 notice dated nil issued to the respondent by the learned Advocate Commissioner appointed by the learned Chief Judicial Magistrate, Thiruvananthapuram in Crl. M.C. No.134 of 2019, reads thus:

(3.) Section 17 of the SARFAESI Act, being relevant is extracted hereunder: