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Judgment
Justice P.R. Ramachandra Menon
The petitioner has approached this Court with the following prayers:
a) To issue a writ of mandamus, order or direction directing the 1st and 2nd respondents not to issue sale certificate to the auction purchaser as per the auction sale of 3rd respondent''s properties on 23/04/2012 until the expiry of the statutory period for preferring appeal u/s 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
b) To issue a writ of mandamus, order or direction to furnish the details sought by the petitioner as per Ext.p5.
c) Granting such other reliefs as may be sought for at the time of hearing.
In fact, the writ petition has been filed by the wife of the 3rd respondent, who to happens to be the borrower in respect of some loan transaction with the respondent Bank. The case of the petitioner is that, she is living in estrangement with the 3rd respondent and has obtained orders from the Family Court, to proceed against the 3rd respondent and assets. It is in the said circumstances, that interference of this Court is sought for, to intercept further proceedings pursuant to the sale, stated as effected at the instance of the Bank under the SARFAESI Act.
The respondent Bank has filed a counter affidavit pointing out the actual facts and figures. On going through the specific pleadings and prayers, this Court finds that the only relief sought for is to direct the 3rd respondent to keep all further proceedings in abeyance, pursuant to the sale effected on 23/4/2012, till the expiry of the statutory period for preferring the appeal u/s 17 of the SARFAESI Act. Obviously, the said period is over and as such, nothing remains to be considered in this writ petition. It is closed accordingly.