Petitioner, a defaulter to the respondent bank, challenged the auction notice issued under SARFAESI proceedings contending illegality. The court noted failure to comply with previous stay orders requiring payment of dues, holding no merit in the writ petition.
Writ petition dismissed; auction notice upheld.
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
MONDAY, THE 11TH DAY OF FEBRUARY 2013/22ND MAGHA 1934
WP(C).No. 1893 of 2013 (J)
PETITIONER(S):
FATHIMA ASLAM AGED 62 YEARS D/O. KUNJI MOOSA, F/3, SARANYA APPARTMENTS ELAMKULAM, ERNAKULAM.
BY ADV. SRI.K.R.VINOD
RESPONDENT(S):
D-1, J.K.ROYAL HOUSE, CHAMMANI ROAD KATHRIKADAVU, KALOOR, ERNAKULAM-682017.
R1 BY ADVS. SRI.P.BALAKRISHNAN (E)
& SRI.N.SASI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1893 of 2013 (J) :: 2 ::
APPENDIX
PETITIONER(S) EXHIBITS:
EXHIBIT P1- THE TRUE COPY OF THE SALE NOTICE DATED 26-12-2012.
RESPONDENTS' EXHIBITS: NIL
//true copy//
sk/-
ANTONY DOMINIC, J. ================ W.P.(C) NO. 1893 OF 2013
===================
Dated this the 11th day of February, 2013
J U D G M E N T
Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank.
WPC.No.1893 /13
:2 :
complied with. In such circumstances, I do not find any merit in this writ petition.
Writ petition is dismissed.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether the auction notice published by the bank under SARFAESI proceedings vitiated by illegality warrants interference under Article 226 of the Constitution of India.
2 provisions across 2 enactments
FATHIMA ASLAM
THE ORIENTAL BANK OF COMMERCE
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
