The High Court of Kerala disposed of three writ appeals filed by a bank challenging a judgment that permitted repayment by installments and directed regularization of loan accounts under the SARFAESI Act.
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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 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937
WA.No. 1148 of 2015 IN WP(C).13375/2015
AGAINST THE JUDGMENT IN WP(C) 13375/2015 DATED 05/05/2015
APPELLANT/RESPONDENT :
THE CHIEF MANAGER (AUTHORIZED OFFICER) STATE BANK OF TRAVANCORE, SHANGHUMUGHAM BRANCH THIRUVANANTHAPURAM REPRESENTED BY ASSISTANT GENERALMANAGER STATE BANK OF TRAVANCORE STRESSED ASSETS RESOLUTION CENTRE THIRUVANANTHAPURAM - 695033.
BY ADV. SRI.JAWAHAR JOSE
RESPONDENT :
H.P.SHABHU, AGED 49 YEARS, S/O.S.P.HEROC VAYALIL BHAVAN, KSHB, E.M.S.NAGAR VANCHIYOOR, THIRUVANANTHAPURAM, PIN. 695 035.
R BY SRI.P.M.JOSHI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15-10-2015, ALONG WITH WA. 1181/2015, WA. 1185/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
W.A. Nos. 1148, 1181 & 1185 OF 2015
JUDGMENT
Shaffique, J.
These appeals have been filed by the respondent Bank challenging the judgment of learned Single Judge by which the writ petitioners were permitted to repay the amounts due to the Bank by way of installments and Bank had been directed to regularise the loan account.
WA Nos. 1148 and conn. cases.
-:2:-
Corporation and others v. Umesh Chandra Dani [(2001) 10 SCC 522] and judgment of Madras High Court reported in T .N. Industrial Investment Corporation Ltd., Chennai v. Millenium Business Solutions Pvt. Ltd. and another [2005 KHC 5768] wherein the respective Courts have taken a view that under Article 226 of the Constitution of India, the High Court shall not direct for regularisation of loan account until there is any statutory violation.
counsel for the petitioners that they are complying with the directions issued by learned Single Judge. Further we are well aware of the law laid down by the Supreme Court and the restrictions imposed therein, but the fact that when a person has approached this Court seeking for certain concessions, that too without disputing the liability, invoking the jurisdiction under Article 226 of the Constitution, when the learned Single Judge has already exercised the discretion and that too when the writ petitioners are complying with the directions issued, we do not
WA Nos. 1148 and conn. cases.
-:3:-
think it necessary to go into the contentions urged by the appellant Bank in the facts of the present case. Hence we do not intend to interfere with the judgment impugned. The Writ Appeals are disposed of accordingly.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/15/10
Colour shows how this judgement treated each authority
Orissa State Financial Corporation and others v. Umesh Chandra DaniReferred¶27
Orissa State Financial Corporation and others v. Umesh Chandra Dani [(2001) 10 SCC 522] · Who else cites this
T.N. Industrial Investment Corporation Ltd., Chennai v. Millenium Business Solutions Pvt. Ltd. and anotherReferred¶27
T.N. Industrial Investment Corporation Ltd., Chennai v. Millenium Business Solutions Pvt. Ltd. and another [2005 KHC 5768]
The Chief Manager (Authorized Officer) State Bank of Travancore, Shanghumugham Branch
H.P. Shabhu
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ashok Bhushan and A.M. Shaffique
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