Petitioner challenged coercive recovery steps under SARFAESI Act. Bank permitted loan regularization and future payments. Petitioner had paid all dues. Court found no dispute remaining.
Writ petition dismissed as infructuous. Parties at liberty to work out statutory remedies for future defaults.
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
TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932
WP(C).No. 30621 of 2010(C)
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PETITIONER:
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ANIL KUMAR M.K., S/O.KESAVA PILLAI, AGED 41 YEARS, MOOPPUKANDATHIL, MANGARAM, PANDALAM P.O., PATHANAMTHITTA DISTRICT.
BY ADV. SRI.C.B.SREEKUMAR.
RESPONDENTS:
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1. THE AUTHORISED OFFICER, SOUTH INDIAN BANK, REGIONAL OFFICE, KAKKANTTU APARTMENTS, ST.PETER'S JUNCTION, PATHANAMTHITTA, PIN – 689 645.
2. THE BRANCH MANAGER, SOUTH INDIAN BANK, PANDALAM BRANCH, PIN – 689 501.
R1 & R2 BY ADV. SRI.GEORGE VARGHESE,S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prv.
C.K.ABDUL REHIM, J.
W.P.(C).No.30621 of 2010
Dated this the 14th day of December, 2010
J U D G M E N T
The writ petition is filed challenging coercive steps of recovery initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), consequent to default committed in repayment of monthly instalments in a loan account availed by the petitioner from the respondent bank. By virtue of an interim order, dispossession of the petitioner from the property was stayed subject to condition of the petitioner remitting a sum of Rs.75,000/-. It is now submitted that the petitioner had already remitted the entire amount in default and that the respondent bank had permitted the petitioner to regularise the loan account and to continue payment of future instalments as per the original schedule.
C.K.ABDUL REHIM, JUDGE.
W.P.(C).30621/10-
-2-
okb
ANIL KUMAR M.K.
THE AUTHORISED OFFICER, SOUTH INDIAN BANK, REGIONAL OFFICE, KAKKANTTU APARTMENTS, ST.PETER'S JUNCTION, PATHANAMTHITTA
THE BRANCH MANAGER, SOUTH INDIAN BANK, PANDALAM BRANCH
C.K.ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
