Sudheesh Mohanan v. Authorised Officer
Case brief
What is this about?
In a writ petition under the SARFAESI Act, the High Court granted the petitioner direction to pay the overdue loan amount by instalments. Pending this payment, further recovery proceedings were stayed.
What did the court decide?
Order that the petitioner pays the overdue amount of Rs.1,46,000 in four equal monthly instalments and stays further recovery proceedings.
What the court decided
A compact analysis
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 SMT. JUSTICE P.V.ASHA
FRIDAY, THE 22ND DAY OF APRIL 2016/2ND VAISAKHA, 1938
WP(C).No. 13061 of 2016 (G) ----------------------------
PETITIONER: ----------SUDHEESH MOHANAN, AGE 30, S/O.MOHANAN, THEKKEMADATHIL HOUSE, P.O.CHENGALLUR, THRISSUR 680 312.
BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS SRI.PRATHAP PILLAI SRI.VISHNU BHUVANENDRAN SMT.J.KASTHURI
RESPONDENT: ----------AUTHORISED OFFICER MUTHOOT HOUSING FINANCE, REGISTERED OFFICE: TC NO.14/2074-7, MUTHOOT CENTRE, PUNNEN ROAD, THIRUVANANTHAPURAM - 695 034. R1 BY ADV. SRI.SABU S.KALLARAMOOLA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13061 of 2016 (G)
APPENDIX
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to breathing time for the payment of the debt.
Whether further recovery proceedings under the SARFAESI Act should be stayed.
Whether the petitioner can regularise the loan account through instalments.
Parties & counsel
- petitioner
SUDHEESH MOHANAN
- respondent
AUTHORISED OFFICER MUTHOOT HOUSING FINANCE
Coram
P.V. ASHA
Case details
As recorded by the court registry
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