In this writ petition challenging SARFAESI proceedings regarding a secured residential asset, the Court directed the petitioners to settle the entire loan liability within three months, dismissing further arguments out of time.
Time of three months from today given to the petitioners to settle the entire liability.
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 A.MUHAMED MUSTAQUE
FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937
WP(C).No. 14355 of 2015 (T)
PETITIONER(S):
1. JAYA SOJAN, CHOOZHIKUNNEL HOUSE,
2. SOJAN JOSEPH,
BY ADVS.SRI.SHAJI THOMAS SRI.BINU PAUL SRI.T.V.VINU
RESPONDENT(S):
1. KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGER, IDUKKI BRANCH, IDUKKI DISTRICT, PIN-685 602.
2. THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., ZONAL OFFICE, ANANDI BUILDING, CHITTOOR ROAD, ERNAKULAM, KOCHI-682 035.
BY SRI.GEORGE POONTHOTTAM, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 14355 of 2015 (T)
APPENDIX
PETITIONER(S)' EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
mbr/
A.MUHAMED MUSTAQUE, J.
*******************************************************
W.P.(C) No. 14355 of 2015
*******************************************************
Dated this the 3rd day of July, 2015
JUDGMENT
Petitioners, impugning SARFAESI proceedings, have
approached this Court. The secured asset is a residential building with ten cents of land. This Court ascertained from the respondent Bank whether it is possible to earmark the land excluding residential house for the purpose of realisation of the loan amount.
Taking into overall facts and circumstances, the petitioners
shall be given three months time from today to settle the entire liability.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the petitioners seeking relief against SARFAESI proceedings should be granted time to clear their liability.
JAYA SOJAN AND ANR.
KERALA STATE CO-OPERATIVE BANK LTD. AND ANR.
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
