Partly allowed

Sarju Koshy v. the Authorized Officer

Kerala HC6 Aug 2009WA/1410/2009

Case brief

AI extract

What is this about?

Hearing a writ appeal challenging a single judge's order directing deposit under S. 14 of SARFAESI Act, the High Court recorded non-payment and desire to withdraw the underlying petition. The court permitted withdrawal without expressing opinion on merits, dismissed the petition as withdrawn, and set aside the impugned judgment.

What did the court decide?

Permission to withdraw the underlying writ petition granted; writ petition dismissed as withdrawn; judgment of Single Judge set aside.

Sarju Koshy Vs the Authorized Officer — Banking and Recovery | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH &

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931

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WA.No. 1410 of 2009

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AGAINST THE JUDGEMENT IN WPC.12948/2009 Dated 04/06/2009

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APPELLANTS/PETITIONERS

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SARJU KOSHY, ARACKAL HOUSE, CMC-11/190, CHERTHALA, ALAPPUZHA- 688524.

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MRS.THANKAMMA SARJU, ARACKAL HOUSE, CMC-11/190, CHERTHALA, ALAPPUZHA-688524.

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BY ADV. SRI.T.K.VIPINDAS

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RESPONDENTS/RESPONDENTS

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THE AUTHORIZED OFFICER, DEWAN HOUSING FINANCE CORPORATION LTD. (BRANCH OFFICE), IST FLOOR, KMM BUILDING, PALARIVATTOM, COCHIN-682 025.

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THE MANAGER, DEWAN HOUSING FINANCE CORPORATION LTD., (BRANCH OFFICE), 1ST FLOOR, KMM BUILDING, PALARIVATTOM, COCHIN- 682 025.

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ADV. SRI.P.PAULOCHAN ANTONY FOR R1

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.R.Bannurmath, C.J. & Kurian Joseph, J.

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W.A.No.1410 of 2009

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-----------------------------------------Dated, this the 6^th day of August, 2009

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JUDGMENT

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Kurian Joseph, J.

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Appellants are the writ petitioners. The writ petition

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was filed when proceedings under Section 14 of the Securitisation

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and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were initiated against them. The learned Single Judge directed the writ petitioners to deposit an amount of Rupees five lakhs within one month and the balance

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outstanding in equal instalments. Aggrieved by that order, the present writ appeal is filed.

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When the writ appeal came up earlier, this Court by order dated 3.7.2009 directed the appellants to deposit an amount of Rupees three lakhs on or before 20.7.2009. Now we are informed that the said amount also has not been deposited. Learned counsel appearing for the appellants submits that the first

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W.A.No.1410 of 2009

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2 -

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appellant was in the hospital due to cardiac problem and he is not in a position to mobilise the fund. Learned counsel hence prays for permission to withdraw the writ petition itself without prejudice to the liberty of the appellant to pursue the statutory remedy. No permission of this Court is required for the appellants, in case the law permits them to pursue any statutory remedy. Therefore, without expressing any opinion as to the merits of the case or the contentions of the parties, we permit the writ petitioners to withdraw the writ petition. Hence the judgment of the learned Single Judge is set aside and the writ petition is dismissed as withdrawn.

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Writ appeal is disposed of as above.

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S.R.Bannurmath, Chief Justice

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Kurian Joseph, Judge

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vns

Sarju Koshy v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

Sarju Koshy v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

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