Petitioner challenged performance of Security Interest (Recovery) steps where collateral including a third-party building was attached. Court noted interim directions were implemented and loan rescheduled, dismissing the grievance.
Petitioner to take alternate remedies regarding arrears or settlement under one-time scheme; no further relief on merits.
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 C.K.ABDUL REHIM THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931
WP(C).No. 8577 of 2004(U) -------------------------
PETITIONER:
MUHAMMED MUSTHAFFA, AGED 60 YEARS, S/O. KASIM PILLAI, K.P.1/476, KOTTAMUGAL, NALANCHIRA, TRIVANDRUM.
BY ADV. MR.T.A.UNNIKRISHNAN MR.K.SATHEESH KUMAR MS.RESHMI POULOSE
RESPONDENT: ---------------
THE CHIEF MANAGER, THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM BRANCH, TRIVANDRUM.
ADV. MR.R.S.KALKURA, SC FOR R1
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).8577/04
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1:- (SERIES) |
TRUE COPY OF THE REG.NO.09/10/NDD/6701 |
|---|---|
| EXT.P2:- |
TRUE COPY OF LETTER DT.19.3.03 ISSUED BY GEN. MANAGER, DISTRICT INDUSTRIES CENTER, TRIVANDRUM. |
| EXT.P3:- | TRUE COPY OF THE LETTER DT.29.12.03 ISSUED BY DI.C., TRIVANDRUM. |
| EXT.P4:- |
TRUE COPY OF LETTER. DT.4.3.04 ISSUED BY CHIEF MANAGER, KFC, TRIVANDRUM. |
| EXT.P5:- |
TRUE COPY OF REPRESENTATION DT.28.2.04 SUBMITTED TO THE RESPONDENT. |
RESPONDENT'S EXHIBITS:- NIL
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//True Copy//
P.A. to Judge
C.K. ABDUL REHIM, J.
-----------------------------W.P.(C)No.8577 OF 2004
-------------------------------
Dated this the 4th day of June, 2009.
J U D G M E N T
W.P.(C). 8577/04
2
said purpose. Further it is contended that the premises was actually under hypothecation to Syndicate Bank, with respect to a loan availed by M/s. Sheeba Rubbers. Hence the petitioner is seeking directions for permitting him to open the godown and for removing Rubber Sheets stocked therein.
in this writ petition no more survives for consideration. It is
W.P.(C). 8577/04
3
made clear that if there is arrears in the loan account, the respondent is free to proceed against the petitioner in accordance with law. It is also made clear that if the petitioner has got any dispute with respect to the amounts due or if the petitioner intends to make any attempt for settlement of the arrears under the one time settlement scheme, he is free to work out remedies before the appropriate authorities.
The writ petition is disposed of as above.
C.K.ABDUL REHIM, JUDGE.
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3 issues framed by the court
Whether the petitioner has exhausted remedies regarding the disputed attachment of property belonging to a third party after the loan was rescheduled.
Whether the writ petition survives for consideration in light of the respondent's alternate remedies being available to the petitioner.
Whether to dispose of the writ petition granting no permanent relief due to the rescheduling of the loan.
Muhammed Musthaffa
The Chief Manager, The Kerala Financial Corporation, Vellayambalam Branch, Trivandrum
C.K. Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
