Petitioners challenging SARFAESI Act proceedings faced dismissal of their writ petition due to lack of instructions from counsel and alleged non-compliance with an interim order condition regarding payment remittance.
The writ petition was dismissed as the learned counsel had no instruction from the petitioners.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932
WP(C).No. 21577 of 2010(V)
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PETITIONERS:-
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1. K.S.SANTHOSH LAKSHMI VILASAM, RAYAMANGALAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683545.
2. SMT.BINDU SANTHOSH, LAKSHMI VILASAM, RAYAMANGALAM P.O., PERUMBAVOOR, ERNAKULAM DISTSRICT PIN-683545.
BY ADV. SRI.S.K.BALACHANDRAN SRI.T.P.GEORGE SRI.C.K.SIDHIK
RESPONDENTS:-
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1. GIC HOUSING FINANCE LTD., REPRESENTED BY ITS SENIOR BRANCH MANAGER, 1ST FLOOR, D.NO.XL/5396-A, ELIAS CHAMBERS BANERJI ROAD, COCHIN - 682018.
2. THE AUTHORISED OFFICER, GIC HOUSING FINANCE LTD., 1ST FLOOR, D.NO.XL-5396-A ELIAS CHAMBERS, BANERJI ROAD, COCHIN-18.
ADV. SRI.K.JAJU BABU FOR R1 & 2 SMT.M.U.VIJAYALAKSHMI FOR R1 & 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.K.ABDUL REHIM, J.
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Dated this the 15th day of December, 2010.
J U D G M E N T
Challenge in this writ petition is against proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). When the writ petition came up for admission, this Court was inclined to grant an interim order directing to maintain status quo subject to condition of the petitioners remitting a sum of Rs.50,000/- within one week and another sum of Rs.50,000/- within one week thereafter. The above said interim order was issued on 12.7.2010. It is stated by learned counsel appearing for the respondent that the petitioners have failed to comply with the condition. It is stated that two cheques issued by the petitioner for payment of the amounts were not cleared payment. However, it is contended that the petitioners have remitted
WP(C).No.21577/2010-V.
a sum of Rs.50,000/- through Demand Draft.
he has no instruction from the petitioners. Under the above circumstance, the writ petition is dismissed.
C.K.ABDUL REHIM, (Judge)
Kvs/-
3 issues framed by the court
Whether the writ petition challenging SARFAESI proceedings should be dismissed due to lack of instructions from petitioners after failure to comply with interim order conditions.
Whether the dismissal of the writ petition under the stated circumstances would prejudice the petitioners rights to invoke statutory remedies.
Whether the petitioners complied with the condition of remitting sums via Demand Draft as part of an interim order.
1 provisions across 1 enactments
K.S. Santhosh Lakshmi Vilasam
Smt. Bindu Santhosh
GIC Housing Finance Ltd.
The Authorised Officer, GIC Housing Finance Ltd.
C.K. Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
