The Kerala High Court dismissed this writ petition challenging SARFAESI proceedings. The bench held that the petitioner had ample time to settle liability but failed to appear or represent the case, rendering interference unnecessary.
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 10TH DAY OF APRIL 2013/20TH CHAITHRA 1935
WP(C).No. 32780 of 2011 (V)
PETITIONER(S):
A.R.RAMACHANDRAN PROPRIETOR, M/S AVAIR MARKETING, 2ND FLOOR SATHEES BUILDING, KALLAI ROAD, CALICUT- 673 002.
BY ADV. SRI.E.A.BIJUMON
RESPONDENT(S):
ANDHRA BANK ZONAL OFFICE, IST FLOOR , ZENITH CHAMBERS NO. 4/1 ANJANEYASWAMY TEMPLE ROAD BANGALURU- 560 027., REP. BY THE AUTHORIZED OFFICER.
BY ADV. SRI.ABRAHAM MATHEW (VETTOOR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.32780/11
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE BANK DT 12.7.2010 AND 23.11.2010.
//True Copy//
PA to Judge
Rp
ANTONY DOMINIC, J. ================ W.P.(C) NO. 32780 OF 2011
===================
Dated this the 10th day of April, 2013
J U D G M E N T
The writ petition was filed in 2011 challenging the SARFAESI proceedings initiated against the petitioner and contending that the petitioner should be allowed to settle the liability in instalments.
Writ petition is therefore dismissed.
Sd/-
ANTONY DOMINIC, JUDGE
Rp
2 issues framed by the court
Whether the writ petition challenging SARFAESI proceedings should be allowed.
Whether the court should interfere with SARFAESI proceedings given the petitioner's failure to appear and the reasonable time for settlement.
A.R.RAMACHANDRAN PROPRIETOR, M/S AVAIR MARKETING
ANDHRA BANK
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
