M/S.Icici Bank Ltd. v. P.Sabeena
Case brief
What is this about?
The High Court set aside the Sub Court's order dismissing a cheque application seeking disbursement of vehicle auction proceeds in a bank recovery suit. The Writ Court remanded the matter to the Sub Court to consider disbursement with the respondents' consent or upon furnishing a bank guarantee.
What did the court decide?
Exhibit P3 order set aside; Cheque Application No. 389/08 remanded for disposal on consent or bank guarantee.
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 K.P.BALACHANDRAN
FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930
WP(C).No. 850 of 2009(A)
OS.60/2008 of PRL.S.C.,THALASSERY ....................
PETITIONER:
M/S.ICICI BANK, RAPG DIVISION, NEAR KOILY HOSPITAL, KANNUR REP. BY ITS DEBT RECOVERY MANAGER, SUNIL G.P
BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL
RESPONDENTS:
- P.SABEENA, AGED 28 YEARS, W/O.C.K.ASHRAF, BAITHULNOOR PARAL, KUTHUPARAMBA, KANNUR.
- C.K.ASHRAF, AGED 34 ASHRAF MANZIL, SREEKANDAPURAM TALIPARAMBA, KANNUR.
Issues for consideration
2 issues framed by the court
Whether the Sub Court was correct in dismissing the cheque application for disbursement of auction proceeds before a decree was passed.
Whether the court can direct the Sub Court to consider disbursement of funds upon respondents' consent or furnishing of a bank guarantee.
Parties & counsel
- petitioner
M/S. ICICI BANK
- respondent
P. SABEENA
- respondent
C.K. ASHRAF
Coram
Case details
As recorded by the court registry
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