The Kerala High Court dismissed the petitioner's challenge to SARFAESI proceedings initiated by the bank due to loan default, permitting discharge of liability in ten monthly installments to defer coercive action.
Petitioner permitted to discharge liability in ten equal monthly installments beginning 28/02/2012, deferring coercive action.
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
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2012/19TH MAGHA 1933
WPC.No. 993 of 2012 (Y)
PETITIONER(S):
JAYACHANDRAN NAIR, AGED 39 YEARS, S/O.G.KUTTAPPAN NAIR SARASWATHY BHAVAN, MOLIYOORKONAM,KATAKKADA P.O THIRUVANANTHAPURAM
BY ADV. SMT.ANNAMMA PHILIP
RESPONDENT(S):
BY SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs
W.P.(C). NO. 993/2012
APPENDIX
PETITIONER'S EXHIBITS:
| P3: | COPY OF THE DD NO.031048 DATED 22-2-2010 |
|---|---|
| P4: | COPY OF THE DD NO.980456 DATED 9-12-2010 |
| P5: | COPY OF THE DD NO.984608 DATED 29-03-2010 |
| P6: | COPY OF THE SALE NOTICE DATED 24-12-2010 |
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE.
svs
ANTONY DOMINIC, J. ================ W.P.(C) NO. 993 OF 2012
===================
Dated this the 8th day of February, 2012
J U D G M E N T
Heard the learned counsel for the petitioner and also the learned counsel appearing for the respondent.
WPC.No.993/12
:2 :
and the subsequent instalment will be paid on or before the last working day of every succeeding month. Subject to payment as above, coercive action will be deferred and in case default is committed, the respondents will be free to continue the action already initiated.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether the writ petition challenging the SARFAESI proceedings initiated by the bank against the defaulter limits can be allowed.
1 provisions across 1 enactments
JAYACHANDRAN NAIR
THE AUTHORISED OFFICER THE KERALA STATE CO OPERATIVE BANK LTD
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
