The Court dismissed a writ petition challenging SARFAESI proceedings initiated by a bank. The petitioners had been granted a stay subject to remitting Rs. 1.5 Lakh, a condition they failed to fulfill, rendering the writ not maintainable as their remedy lies under the SARFAESI Act.
The writ petition was dismissed as not maintainable.
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 7TH DAY OF FEBRUARY 2013/18TH MAGHA 1934
WP(C).No. 1215 of 2013 (B)
PETITIONER(S):
------------------------
1. VINODH.V., AGED 46 YEARS, S/O.T.GOVINDAN, THEKKEDAVAN HOUSE, ARIMBA P.O., KADUMENI, KASARAGODE DISTRICT.
2. SASIKALA, AGED 42 YEARS, W/O.VINODH, THEKKEDAVAN HOUSE, ARIMBA P.O., KADUMENI, KASARAGOD DISTRICT.
BY ADVS.SRI.K.V.MANOJ KUMAR SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR
RESPONDENT(S):
1. THE MANAGER, FEDERAL BANK LIMITED., CHERUPUZHA BRANCH, KANNUR DISTRICT - 670 511.
2. THE AUTHORISED OFFICER, FEDERAL BANK LIMITED, REGIONAL OFFICE, KOZHIKODE, FEDERAL TOWERS, MAVOOR ROAD, KOZHIKODE-673 016.
R1 & R2 BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.1215/2013 B
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1:A TRUE COPY OF THE POSSESSION NOTICE DTD 10/11/2009 OF THE 2ND RESPONDENT. EXT.P2:A TRUE COPY OF THE SALE NOTICE DTD 15/9/2010 OF THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
ANTONY DOMINIC, J
W.P.(C).1215/2013
Dated this the 7th day of February, 2013
JUDGMENT
Petitioners are defaulters to the respondent Bank. SARFAESI proceedings were initiated and the Bank issued Ext.P1 possession notice and Ext.P2 sale notice. It was at that, this writ petition was filed.
Therefore, the writ petition is not maintainable and is dismissed.
ANTONY DOMINIC, Judge
mrcs
1 issue framed by the court
Whether a writ petition challenging SARFAESI proceedings is maintainable when the petitioners have failed to comply with a stay order by remitting money.
1 provisions across 1 enactments
VINODH.V. & ORS.
THE MANAGER, FEDERAL BANK LIMITED., CHERUPUZHA BRANCH, KANNUR DISTRICT
THE AUTHORISED OFFICER, FEDERAL BANK LIMITED, REGIONAL OFFICE, KOZHIKODE
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
