The High Court dismissed a writ petition challenging action taken under the SARFAESI Act. The judge found no ground for relief given the petitioner's prior dismissed litigation and transfer of secured property.
The writ petition is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930
WP(C).No. 26212 of 2008(U)
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PETITIONER:
-------------------MARIAM GEORGE, W/O. GEORGE, AGED 71 YEARS, VALIYAPARAMBIL HOUSE,PALLINADA, PALARIVATTOM, ERNAKULAM, PRESENTLY RESIDING AT VALIYAPARAMBIL HOUSE, SEMETRY LANE, KOONAMMAVU.
BY ADV. SRI.K.S.SAJEEV KUMAR SRI.M.Y.VARGHESEKUTTY SRI.LAJI SAM ZACHARIAH
RESPONDENTS:
2. THE STATE BANK OF TRAVANCORE, ASSET RECOVERY MANAGEMENT BRANCH, PANAMPILLY NAGAR, KOCHI - 36.REPRESENTED BY ITS CHIEF MANAGER - ARMB (AUTHORISED OFFICER)
3. M/S. SOLAR TECHNOLOGY AND SERVICES INDIA PVT.LTD., 5TH FLOOR, VALLAMATTOM ESTATE, M.G.ROAD, KOCHI 682015, REPRESENTED BY ITS MANAGING DIRECTOR.
4. GEORGE MATHEW, S/O. V.M.MATHEW, 109A SKYLINE MANSION, GANDHINAGAR, KOCHI.
5. SUPERINTENDENT OF POLICE,ERNAKULAM.
ADV. SRI.SATHISH NINAN FOR R1-2
SRI.SANTHOSH MATHEW FOR R1-2 GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR FOR R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.26212 of 2008-U
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Dated this the 3rd day of October, 2008.
JUDGMENT
The petitioner challenges action taken under the SARFAESI Act. The respondents have placed materials to show that O.P.10653/2003 filed by the petitioner challenging the SARFAESI Act was dismissed on 19-5-2004. Apart from the suppression of that fact in this writ petition, the respondents have shown that the petitioner has, thereafter, transferred the security property, which was subjected to yet another subsequent transfer. These are revealed by the encumbrance certificate. With such materials, I find no ground in this writ petition. It fails and is accordingly dismissed.
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
Sha/041008
1 issue framed by the court
Whether the writ petition challenging action taken under SARFAESI Act is maintainable in view of the petitioner's prior dismissal and subsequent alienation of security.
1 provisions across 1 enactments
MARIAM GEORGE
THE STATE BANK OF TRAVANCORE, BROADWAY BRANCH, ERNAKULAM
THE STATE BANK OF TRAVANCORE, ASSET RECOVERY MANAGEMENT BRANCH, PANAMPILLY NAGAR, KOCHI
M/S. SOLAR TECHNOLOGY AND SERVICES INDIA PVT.LTD.
GEORGE MATHEW
SUPERINTENDENT OF POLICE, ERNAKULAM
THOTTATHIL B. RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
