Court dismissed the review petition filed by Bank of Baroda challenging an earlier order that stayed an Advocate Commissioner's possession of secured assets pending a stay application.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 25TH DAY OF NOVEMBER 2016/4TH AGRAHAYANA, 1938
RP.No. 1022 of 2016
OP (DRT).109/2016 DATED 18/11/2016
PETITIONER(S)/RESPONDENTS IN OP:
1. BANK OF BARODA, REPRESENTED BY ITS CHIEF MANAGER, MAIN BRANCH, CITY TOWER, I.G.ROAD, KOZHIKODE, NOW FUNCTIONING AT HOLY DAY CITY CENTRE, BANK ROAD, KOZHIKODE-673001.
2. THE AUTHORISED OFFICER AND CHIEF MANAGER, BANK OF BARODA, CITY TOWER, I.G.ROAD, KOZHIKODE, NOW FUNCTIONING AT HOLY DAY CITY CENTRE, BANK ROAD, KOZHIKODE-673001.
BY ADVS.SRI.K.M.ANEESH
SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.ADARSH KUMAR SRI.BIJU VARGHESE ABRAHAM
RESPONDENT(S)/PETITIONER IN OP:
CHANDRAN V P, S/O.KUNHIKANNAN, KELOTH MEETHAL HOUSE, PAYYOLI VAZHI, IRRINGATH P.O., KOZHIKODE.
BY SRI.T.G.RAJENDRAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
A.M. SHAFFIQUE, J.
R.P.No.1022 of 2016 in O.P.(DRT).No.109 of 2016
Dated this the 25th day of November, 2016
O R D E R
This review petition has been filed by the Bank inter alia contending that the order of stay granted by this Court directing the Advocate Commissioner to defer taking possession of the secured asset is causing much inconvenience to the Bank.
This review petition is, therefore, dismissed.
Sd/-
A.M. SHAFFIQUE, JUDGE
AV
1 issue framed by the court
Whether error apparent on the face of the record warrants interference with the order staying possession as requested by the banker under the SARFAESI Act through a review petition.
BANK OF BARODA
CHANDRAN V P
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
