Saravothaman v. S.B.I.
Case brief
What is this about?
This writ petition challenged SARFAESI proceedings threatening the petitioner's residence. The court granted a temporary stay on distress action, conditional on the petitioner remitting Rs. 50,000 monthly, warning that default would automatically recall the order.
What did the court decide?
Distress action deferred provided petitioner remits Rs. 50,000 per month; automatic recall of stay upon default in payment.
What the court decided
A compact analysis
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
WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931
WP(C).No. 7723 of 2009(I) -------------------------
PETITIONER(S):
SRI.SARVOTHAMAN, S/O.KUNJAN, DEEPTHI HOUSE, MANDARATHUR POST, PUDUPANAM VIA, KOZHIKODE DISTRICT.
BY ADV. SRI.P.NARAYANAN
RESPONDENT(S):
- STATE BANK OF INDIA, REP.BY IT'S BRANCH MANAGER, CHERANDATHUR BRANCH, PONNANI(VIA), KOZHIKODE DISTRICT.
- THE AUTHORIZED OFFICER, STATE BANK OF INDIA, REGIONAL OFFICER, KOZHIKODE.
Issues for consideration
2 issues framed by the court
Whether a writ petition challenging SARFAESI Act proceedings regarding the sale of a residential property should be disposed of by granting a moratorium condition.
Whether distress action can be deferred if the petitioner remits a specific monthly installment amount to clear the loan outstandings.
Parties & counsel
- petitioner
SRI.SARVOTHAMAN
- respondent
STATE BANK OF INDIA
Coram
THOTTATHIL B.RADHAKRISHNAN
Case details
As recorded by the court registry
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