The High Court dismissed writ petitions against SARFAESI proceedings as infructuous because the loan had been discharged after petitions were filed.
Writ petitions dismissed as infructuous.
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 ANTONY DOMINIC
FRIDAY, THE 5TH DAY OF OCTOBER 2012/13TH ASWINA 1934
WP(C).No. 10488 of 2006 (W)
OA.47/1997 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
K. SREEDHARAN, S/O. GOVINDAN, AGED 64 YEARS, RETIRED ENGINEER, RESIDING AT AKSHAYA, NEAR KAKKAT ROAD, CIVIL STATION P.O., KANNUR.
BY ADV. SRI.SURESH KUMAR KODOTH
RESPONDENT(S):
1. STATE BANK OF INDIA,
2. M/S. STAMINA STEEL INDUSTRIES PVT. LTD.,
3. RECOVERY OFFICER,
R1 BY ADV. SRI.K.K.CHANDRAN PILLAI,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2012,ALONG WITH WP(C)NO.10584/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
ANTONY DOMINIC, J.
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W.P.(C) Nos.10488 & 10584 OF 2006
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Dated this the 5th day of October, 2012
J U D G M E N T
These writ petitions were filed by the legal heirs of a defaulter against the SARFAESI proceedings initiated by the respondent Bank. When the matter was came up today, it was submitted on behalf of the counsel for the petitioner in writ petition(c).No.10488/2006 that the loan itself has been discharged subsequent to the filing of the writ petitions. If that be so, nothing survive in these writ petitions.
Therefore, these writ petitions are dismissed as infructuous.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No.
:2 :
K. SREEDHARAN
STATE BANK OF INDIA
M/S. STAMINA STEEL INDUSTRIES PVT. LTD.
RECOVERY OFFICER
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
