The petitioner challenged SARFAESI Act proceedings. The court found the transaction admitted and proceedings within jurisdiction with no legal infirmity in the notice for sale. Dismissing the petition for non-compliance with an interim order, the writ was quashed.
The writ petition is dismissed for non-compliance with interim order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930
WP(C).No. 27014 of 2008(N)
PETITIONER(S):
JACOB MANUEL, BETHEL HOUSE, AROTTUKUZHI KOOTHALI PO., VELLARADA, NEYYATTINKARA THIRUVANANTHAPURAM.
BY ADV. SRI.D.KISHORE
RESPONDENT(S):
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN, J.
======================================
W.P.(C) No.27014 of 2008
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Dated this the 7th day of October, 2008
J U D G M E N T
The petitioner challenges SARFAESI Act proceedings. The transaction is not denied and the amounts had accrued. The impugned proceedings is, therefore, with jurisdiction. There is no legal infirmity in the issuance of the notice for sale. Therefore, the contentions of the writ petition fail. The petitioner also did not comply with the interim order issued on 05-09-2008. Nothing survives in this
writ petition and the same is accordingly dismissed.
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
Skr/7/10
2 issues framed by the court
Whether the SARFAESI proceedings initiated were without jurisdiction.
Whether there was any legal infirmity in the issuance of the notice for sale.
1 provisions across 1 enactments
JACOB MANUEL
THE TAMILNADU MERCHANTILE BANK LTD.
THE MANAGER, TAMILNADU MERCANTILE BANK LTD., TIRUPURAM BRANCH
THOTTATHIL B. RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
