Petitioners, owed money by a bank, filed a writ petition challenging the bank's recovery proceedings under Section 13(2) of the SARFAESI Act. The petitioners were non-represented. The court dismissed the writ petition without assigning detailed reasons.
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.V.RAMAKRISHNA PILLAI
FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936
WP(C).No. 3790 of 2014 (W)
PETITIONERS:
1. MR. ACHUTHA KUMAR K.V., AGED 49 YEARS, RESIDING AT SANTHI LINE, THOTTAKKATTUKARA, ALWAYE , ERNAKULAM - 683 108
2. MRS. MRUDULA, AGED 39 YEARS, W/O.ACHUTHA KUMAR K.V., RESIDING AT SANTHI LINE,
BY ADV. SRI.RAJESH KUMAR T.K.
RESPONDENTS:
1. BRANCH MANAGER, INDUSIND BANK LTD, CSEZ ZONE BRANCH, SEAPORT KAKKANAD, ERNAKULAM-682037
2. SUSHIL K. JAIN, HEAD FINANCIAL RESTRUCTURING AND RECONSTRUCTION INDUSIND BANK LTD, 701-801, SOLITAIRE CORPORATE BANK-167, GURU HAR GOVINDJI MARG, ANDHERI (EAST) MUMBAI-400 093.
3. MR.P.M.MOHAN (CHENNAI), AUTHORISED OFFICER, PEGASUS ASSETS RECONSTRUCTION PVT.LTD, NO.12, 16TH AVENUE, HARRINGTON APARTMENT, FLAT NO.12/1, HARRINGTON ROAD, CHENNAI-600 084
R1&3 BY ADV. SRI.SANTHOSH MATHEW R3 BY ADV. SRI.ARUN THOMAS R3 BY ADV. SRI.JENNIS STEPHEN R3 BY ADV. SRI.SATHISH NINAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3790 of 2014 (W)
APPENDIX
PETITIONERS' EXHIBITS
| EXT.P1 | - | A COPY OF THE SANCTION LETTER ISSUED BY THE RESPONDENT BANK. |
|---|---|---|
| EXT.P2 | - | A COPY OF THE STATEMENT OF ACCOUNT GIVEN BY THE BANK. |
| EXT.P3 | - | A COPY OF THE LETTER OF NPA ISSUED BY THE 2ND RESPONDENT. |
| EXT.P4 | - | A COPY REQUEST SUBMITTED BY THE PETITIONER FOR ONE TIME SETTLEMENT. |
| EXT.P5 | - | A COPY OF THE REMINDER FOR ONE TIME SETTLEMENT. |
| EXT.P6 | - | A COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 DEMANDING HIM TO PAY AN AMOUNT OF RS.5,55,131.92 |
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
DST
A.V. RAMAKRISHNA PILLAI, J.
W.P.(C) No. 3790 of 2014
-------------------------------------------------Dated this the 30th day of January, 2015
J U D G M E N T
The matter stands posted for orders. There is no
representation for the petitioners. The writ petition is
dismissed.
Sd/-
A.V. RAMAKRISHNA PILLAI JUDGE
bka/-
1 provisions across 1 enactments
Achutha Kumar K.V.
Mrs. Mrudula
IndusInd Bank Ltd.
Sushil K. Jain
A.V. Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
