In a writ petition challenging SARFAESI Act proceedings, the Kerala High Court allowed the petitioner to clear her housing loan liability via eight monthly instalments and kept coercive action in abeyance.
Coercive proceedings stayed; petitioner permitted to clear liability in eight equal monthly instalments.
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 P.R.RAMACHANDRA MENON
TUESDAY, THE 4TH DAY OF NOVEMBER 2014/13TH KARTHIKA, 1936
WP(C).No. 23453 of 2014 (F)
PETITIONER:
BEEFATHIMMA, AGED 55 YEARS W/O.KUNHIMONU, R/AT BANDIADKA, KOLIYOOR VILLAGE & POST MANJESHWAR, KASARAGOD
BY ADV. SRI.S.JIJI
RESPONDENTS:
1. VIJAYA BANK LTD. MANJESHWAR BRANCH, MANJESHWAR P.O KASARAGOD DISTRICT 671 532 REPRESENTED BY ITS MANAGER
2. THE AUTHORISED OFFICER UNDER SARFAESI ACT, (CHIEF MANAGER), VIJAYA BANK LTD, REGIONAL OFFICE, FORT VIEW ARCADE, FORT ROAD, KOZHIKODE 673 001
R. BY ADV. SMT.LATHA KRISHNAN,SC, VIJAYA BANK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23453 of 2014 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE NOTICE ISSUED BY THE HON'BLE C.J.M COURT,KASARAGOD
EXHIBIT P2: TRUE COPY OF THE COUNTER FOIL REMITTING RS.50,000/DATED 26-07-2014
RESPONDENT(S)' EXHIBITS nil
//True copy//
PA to Judge
P.R.RAMACHANDRAMENON, J.
W.P.(C).No.23453 OF 2014
Dated this the 4th day of November, 2014
J U D G M E N T
~~~~~~~~~~~
The petitioner had availed a housing loan of 4 lakhs from₹ the respondent Bank in the year 2003 creating security interest over the property in question. But the repayment could not be effected promptly, when the respondent Bank proceeded against the petitioner by resorting to the remedy under the SARFAESI Act which in turn is under challenge in this Writ Petition.
W.P.(C) No.23453/2014
2
the loan account is nearly 3,00,000/-.₹
Writ petition is disposed of.
Sd/-
P.R.RAMACHANDRAMENON, JUDGE.
ps/4/11/2014
2 issues framed by the court
Whether the coercive proceedings under SARFAESI Act against the petitioner for non-repayment of a housing loan should be abated.
Whether the petitioner is permitted to clear her entire liability through monthly instalments.
1 provisions across 1 enactments
Beefathimma
Vijaya Bank Ltd. Manjeshwar Branch
The Authorised Officer Under SARFAESI Act
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
