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2009 (7) TMI 792 - HIGH COURT OF KERALAWhether the proceedings under the SARFAESI Act, are liable to be declared as unsustainable? Held that:- The cause of action can arise on different occasions in respect of the dishonour of the same cheque within a span of 6 months and it was to be confined to the first instance where notice is sent on dishonour of the cheque demanding the contents of the same. Unlike this, there, is no such adverse stipulation specifying or limiting the cause of action in respect of the further proceedings to be pursued, once a notice under section 13(2) issued, anywhere in the SARFAESI Act. This being the position, there is absolutely no bar for the secured creditor in issuing any fresh notice under section 13(2). More so when the specific case raised by the petitioner before the court below and before this court is that he had never obtained any notice stated as issued by the 1st respondent-bank earlier, in the year 2004 (Ext. P2). Thus the prayer raised by the petitioner to declare the suit as maintainable is quite wrong and unfounded. The 1st respondent is very much at liberty to proceed with Ext.P5 notice issued under section 13(2) of the SARFAESI Act.
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