M/S Icici Bank Ltd. v. Sophiyamma Mathew
Case brief
What is this about?
The High Court allowed the bank's Execution First Appeal. The court set aside the impugned order and remitted the matter to the execution court for fresh adjudication regarding the propriety of the equitable mortgage and the identity of the mortgaged properties.
What did the court decide?
Impugned order set aside; matter remitted to execution court for fresh adjudication with a stay on confirmation of sale.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937
Ex.FA.No. 4 of 2016
(Against the order dated 15.10.2015 in E.A.No.1182/13 in E.P.184/2012 on the file of the 1st Additional Subordinate Judges Court, Kozhikode arising from ARC No.346/2010 passed by the Assistant Registrar of Co-operative Societies (General), Kozhikode)
APPELLANT/CLAIM PETITIONER:
M/S ICICI BANK LTD. ICICI BANK LTD., ICICI BANK TOWER BANDRA KURLA COMPLEX MUMBAI, HAVING ITS BRANCH OFFICE AT 3RD FLOOR, NO.1, CENOTAPH ROAD TEYNAMPET, CHENNAI-600 018 REP. BY MR.SHANKAR BALASUBRAMANIAN S/O.G.BALASUBRAMANIAN, AGED 35 YEARS, AUTHORISED OFFICER.
BY ADVS.SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN
RESPONDENT/RESPONDENT IN E.A.1182/13/DECREE HOLDER IN A.R.C.346/10. 2ND RESPONDENT IN E.A.1182/13/JUDGMENT DEBTOR IN A.R.C.346/10.:
Issues for consideration
2 issues framed by the court
Whether the execution court should be guided on the propriety of creation of equitable mortgage and identity of mortgaged properties.
Whether the appeal requires remittal to the execution court for fresh adjudication on mortgage claims.
Parties & counsel
- appellant
M/S ICICI BANK LTD.
- respondent
SOPHIYAMMA MATHEW KUMBAPALLY
- respondent
KOZHIKODE DISTRICT RUBBER MARKETING SOCIETY LTD.
Coram
Case details
As recorded by the court registry
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