A writ appeal challenging a Single Judge's dismissal of a petition contesting SARFAESI recovery proceedings. The Bench found no grounds to interfere as the lower court placed subsequent payments on credit.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 1ST DAY OF MARCH 2016/11TH PHALGUNA, 1937
WA.No. 378 of 2010 ( )
(AGAINST THE JUDGMENT IN WP(C).NO. 4817/2010 DATED 17-02-2010) -----------------
APPELLANT/PETITIONER:
ANIL RAVINDRAN, S/O.RAVEENDRANATHAN, AGED 46 YRS, SANKARAM CMC-16, CHERTHALA.
BY ADVS. SMT.PREETHA.V.K.
RESPONDENT(S)/RESPONDENTS:
1. KERALA STATE, REPRESENTED BY REGISTRAR, CO-OP.DEPT. THIRUVANANTHAPURAM.
2. THE REGIONAL MANAGER, KSCB LTD., REGIONAL OFFICE, DORAISWAMI ROAD, KOCHI.
3. THE MANAGER, KERALA STATE CO-OPERATIVE BANK, ALAPPUZHA.
R1 BY SPL. GOVERNMENT PLEADER SMT.GIRIJA GOPAL R2 & R3 BY ADV. SRI.GEORGE POONTHOTTAM, SC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
ASHOK BHUSHAN, CJ &
**A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.A.No.378 of 2010
Dated this the 1st day of March 2016
J U D G M E N T
Shaffique,J
This writ appeal has been filed by the petitioner in W.P.C.No.4817/2010 against the judgment dated 17/02/2010. The writ petition was filed at a stage when SARFAESI proceedings were initiated against the petitioner in respect of certain amounts outstanding and due from him to the Kerala State Co-operative Bank. The learned Single Judge did not enter into the merits of the matter, however, disposed of the writ petition stating that the amount already paid by the petitioner shall be given due credit and proceedings shall be taken against him only for the outstanding liability.
W.A.No.378/2010
2
No grounds are made out to interfere with the judgment of
the learned Single Judge. This writ petition is dismissed.
(sd/-)
(ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-)
(A.M.SHAFFIQUE, JUDGE)
True Copy PA to Judge
jsr/01/03/16
2 issues framed by the court
Whether to interfere with the Single Judge's order dismissing the writ petition regarding SARFAESI proceedings.
If the writ petition is maintainable in view of the Single Judge not entering the merits.
Anil Ravindran
Kerala State
Regional Manager, KSCB Ltd.
Manager, Kerala State Co-operative Bank
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
