The Court dismissed the writ petition challenging proceedings under the SARFAESI Act, holding that the petitioner abused the process of law by failing to comply with interim court directions and approaching the Debt Recovery Tribunal simultaneously.
The writ petition is dismissed as an abuse of process.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 7TH DAY OF JUNE 2016/17TH JYAISHTA, 1938
WP(C).No. 10167 of 2015 (U)
PETITIONER:
THANKAMMA JANAKIAMMA, W/O.RAMACHANDRAN NAIR, AGED 69 YEARS, RESIDING AT 'PUTHUSSERI VELIKKAKAM', VADAKKAL, ALAPPUZHA, PIN-688 003
BY ADVS.SRI.SAIJU S. SRI.P.H.RISHAD
RESPONDENT :
IDBI BANK LTD., RETAIL ASSETS CENTRE, 2ND FLOOR , IDBI BUILDING, PANAMPILLY NAGAR, NEAR PASSPORT OFFICE, ERNAKULAM, PIN-682 036, REPRESENTED BY ITS AUTHORISED OFFICER, UNDER THE SARFAESI ACT, 2002.
BY ADVS. SRI.BIBIN KUMAR SRI.N.S.MOHANDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 10167 of 2015 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
A.M.SHAFFIQUE, J.
------------------------------------ W.P.(C) No.10167 of 2015
Dated this the 7th day of June, 2016
J U D G M E N T
The petitioner has approached this Court challenging the proceedings initiated by the respondent Bank under the SARFAESI Act.
Accordingly, this writ petition is dismissed.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV
1 issue framed by the court
Whether the writ petition should be entertained in view of the petitioner's non-compliance with court directions and abuse of process.
1 provisions across 1 enactments
THANKAMMA JANAKIAMMA
IDBI BANK LTD.
A.M.SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
