Appeal against Single Judge's order allowing installment payment in SARFAESI proceedings. Bench held factual disputes regarding agricultural status and claim amount require Tribunal under Section 17. Writ dismissed
Writ Appeal dismissed with liberty to avail statutory remedy under Section 17 SARFAESI Act to decide questions of law/fact.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937
WA.No. 1109 of 2015 IN WP(C).6600/2014
AGAINST THE ORDER/JUDGMENT IN WP(C) 6600/2014 DATED 03-06-2014
APPELLANT/PETITIONER :
KANCHANA K.P., AGED 58 YEARS W/O.CHANDRAN K.P., RESIDING AT KANCHANA PALACE THURAYOOR P.O., KOZHIKODE DISTRICT.
BY ADVS.SRI.M.P.KRISHNAN NAIR
SMT.RAJESWARI KRISHNAN
RESPONDENTS/RESPONDENTS :
R1 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. R2 & R3 BY ADV. SRI.R.SUDHISH, SC, KOZHIKODE DIST.CO.OP. BANK LTD.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
W.A. No. 1109 OF 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the appellant and learned Standing Counsel appearing for the Bank.
by the appellant challenging the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(SARFAESI Act), has been dismissed.
for quashing Ext.P2 notice under Section 13(2) under the SARFAESI Act. The Bank has already invoked Section 13(4) on 31.03.2014 as submitted by learned counsel for the Bank. Learned Single Judge disposed of the
WA No. 1109 of 2015
-:2:-
writ petition permitting the petitioner to deposit the amount in 12 monthly installments as per the conditions imposed in the judgment. Petitioner, dissatisfied with the judgment, has come up with this appeal.
WA No. 1109 of 2015
-:3:-
In view of the aforesaid, we dismiss the Writ
Appeal with liberty to the petitioner/appellant to avail the statutory remedy as provided under Section 17 of SARFAESI Act.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/01/10
3 issues framed by the court
Whether SARFAESI Act applies to agricultural property.
Whether the disputed claim requires determination of facts by Tribunal.
Whether the appeal should be dismissed pending statutory remedy under Section 17.
3 provisions across 1 enactments
KANCHANA K.P.
STATE OF KERALA
THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD.
ASHOK BHUSHAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
