In a secured loan dispute, the Bank levied SARFAESI proceedings. The Court allowed repayment by instalments while leaving the issue of the land's agricultural nature open.
Petitioner directed to remit 25,000 INR monthly for five months starting 10.08.2015 and discharge entire liability thereafter in lumpsum.
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
MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937
WP(C).No. 14910 of 2015 (K)
PETITIONERS :
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1. T.K.SREEMATHY AMMA, AGED 51 YEARS,
2. T.K.PRAKASAN,
BY ADV. SRI.P.K.MOHANAN(PALAKKAD)
RESPONDENTS :
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1. THE AUTHORISED OFFICER, THE FEDERAL BANK LITD., REGIONAL OFFICE, SAI KRISHNA RESIDENCY, KUNNATHURMEDU, PALAKKAD-678 013.
2. THE MANAGER,
R1 BY ADV. SRI.A.ANTONY BY ADV. SMT.LEELAMMA ANTONY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 14910 of 2015 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
A.MUHAMED MUSTAQUE, J.
W.P.(C).No.14910 of 2015
Dated this the 20th day of July, 2015
J U D G M E N T
The petitioner availed a cash credit facility from the respondent Bank. On account of default in repaying the amount, the Bank initiated 'SARFAESI' proceedings. The petitioner impugns the same in this writ petition.
Sd/- A.MUHAMED MUSTAQUE, JUDGE.
AV
1 issue framed by the court
Whether the secured asset being agricultural land precludes enforcement under the SARFAESI Act.
1 provisions across 1 enactments
T.K.SREEMATHY AMMA
T.K.PRAKASAN
THE FEDERAL BANK LITD.
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
