High Court of Kerala vacated anticipatory stay on SARFAESI possession and sale notice. Allowed petitioners six weeks to find buyer and remit proceeds to bank.
Further action pursuant to SARFAESI proceedings initiated by Bank against mortgaged property be deferred for a period of 6 weeks from today.
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
THURSDAY, THE 2ND DAY OF FEBRUARY 2012/13TH MAGHA 1933
WPC.No. 694 of 2012 (J)
OS.262/2008 of SUB COURT, MAVELIKKARA
PETITIONER(S):
1. INDU GOPI AGED 36, WIFE OF LATE K.GOPI, KOCHUTHAYILETHU HOUSE MUTTOM P.O., HARIPAD.
2. GOKUL.G.NATH AGED 17, S/O.LATE K.GOPI, KOCHUTHAYILETHU HOUSE MUTTOM P.O., HARIPAD MINOR REPRESENTED BY HIS NEXT FRIEND MOTHER AND GUARDIAN THE 1ST PETITIONER.
3. RAHUL.G.NATH AGESAD 14 YEARS, KOCHUTHAYILETHU HOUSE, MUTTOM P.O. HAIRPAD, MINOR REPRESENTED BY HIS NEXT FRIEND MOTHER AND GUARDIAN THE 1ST PETITIONER.
BY ADV. SRI.K.SASIKUMAR
RESPONDENT(S):
1. SOUTH INDIAN BANK LTD.
2. CHIEF MANAGER (AUTHORISED OFFICER)
3. SUPERINTENDENT OF POLICE (DISTRICT POLICE CHIEF) ALAPPUZHA DISTRICT, ALAPPUZHA-688 001.
BY SR GOVERNMENT PLEADER SRI.S.JAMAL BY SRI.K.K.JOHN,SC,SOUTH INDIAN BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.694/12
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1: A TRUE COPY OF THE PLAINT DATED 6/10/2008 FILED BY THE 1ST RESIDENT IN OS.NO.262/2008 OF THE SUB COURT, MAVELIKKARA.
EXHIBIT P2: A TRUE COPY OF THE NOTICE DATED 19/7/2011 ISSUSED BY THE 2ND RESIDENT TO THE PETITIONERS.
EXHIBIT P3: A TRUE COPY OF THE NOTICE DATED 7/1/2012 ISSUED BY ADVOCATE COMMISSIONER.
//True Copy//
PA to Judge
Rp
ANTONY DOMINIC, J. ================ W.P.(C) NO. 694 OF 2012
===================
Dated this the 2nd day of February, 2012
J U D G M E N T
1st petitioner's husband had availed of a housing loan from the 1st respondent Bank. Default was committed and as a result, SARFAESI proceedings were initiated. They have now been issued Ext.P2 possession notice. It was at that stage, the writ petition has been filed challenging the proceedings.
1 lakh, the sale will stand adjourned. It is now submitted that in compliance with the said order, 1 lakh has been remitted by the petitioners which submission is confirmed by the learned standing counsel appearing for the respondent Bank also.WPC.No.694/12
:2 :
is in progress.
Writ petition is disposed of as above.
Sd/- ANTONY DOMINIC, JUDGE
Rp
//True Copy//
PA to Judge
WPC.No.694/12
:3 :
3 issues framed by the court
Whether orders under SARFAESI proceedings initiating possession notice can be deferred to allow sale of mortgaged property.
Whether a deposit amount would stay SARFAESI sale proceedings.
Whether a reasonable opportunity to sell the property with bank concurrence prevents coercive action.
1 provisions across 1 enactments
INDU GOPI
GOKUL.G.NATH
RAHUL.G.NATH
SOUTH INDIAN BANK LTD.
CHIEF MANAGER (AUTHORISED OFFICER)
SUPERINTENDENT OF POLICE (DISTRICT POLICE CHIEF) ALAPPUZHA DISTRICT
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court