The High Court disposed of the writ petition challenging SARFAESI proceedings by granting the petitioners time to discharge their liability or make alternate loan settlement arrangements, failing which the bank may proceed legally.
Petitioners granted time until 07.10.2016 to discharge liability or make alternate arrangements for settling the loan account.
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 MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 4TH DAY OF JULY 2016/13TH ASHADHA, 1938
WP(C).No. 1436 of 2015 (D)
PETITIONER(S):
1. ANNAMMA JOSEPH, W/O LATE JOSEPH JOSEPH, PARAYIL-CHERADI VALIYAVEETTIL, EDAMARUKU POST-685652, KOTTAYAM DISTRICT.
2. BABY GIRISH, S/O LATE JOSEPH JOSEPH, PARAYIL-CHERADI VALIYAVEETTIL, EDAMARUKU POST-685652, KOTTAYAM DISTRICT.
BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY
RESPONDENT(S):
THE AUTHORIZED OFFICER, (UNDER THE PROVISIONS OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002), CHIEF ACCOUNTANT/MANAGER, MEENACHIL EAST URBAN CO-OPERATIVE BANK LTD. NO.4266, POONJAR THEKKEKARA POST-686582.
BY ADV. SRI.SHAJI THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 1436 of 2015 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF PLANTATION TAX FOR THE PROPERTY DATED 6.5.2014.
EXHIBIT P2: A TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, THALAPALAM DATED 4.12.2014.
EXHIBIT P3: A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 10.11.2014.
EXHIBIT P4: A TRUE COPY OF THE REPLY SENT BY THE PETITIONERS THROUGH THEIR COUNSEL DATED 15.12.2014.
EXHIBIT P5: A TRUE COPY OF THE REPLY BY THE RESPONDENT DATED 18.12.2014.
EXHIBIT P6: A TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL, THODUPUZHA AT 40%.
RESPONDENT(S)' EXHIBITS
EXHIBIT R1(A): TRUE COPY OF THE TAX RECEIPT DATED 22/7/9 SHOWING REMITTANCE OF LUXURY TAX BY SHRI.JOSEPH JOSEPH FOR THE RESIDENTIAL HOUSE.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.M.SHAFFIQUE, J.
------------------------------------ W.P.(C).No.1436 of 2015
----------------------------------- Dated this the 4th day of July, 2016
J U D G M E N T
This writ petition has been filed challenging the SARFAESI proceedings initiated by the respondent Bank. During the pendency of the writ petition, the petitioners have remitted 10 lakhs by virtue₹ of interim orders.
W.P.(C).No.1436 of 2015
2
This writ petition is disposed of as above.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV
2 issues framed by the court
Whether to grant time to petitioners to discharge liability or make alternate arrangements in SARFAESI proceedings.
What relief, if any, should be granted in a writ petition challenging SARFAESI proceedings limited to granting time.
1 provisions across 1 enactments
Annamma Joseph
Baby Girish
The Authorized Officer, Chief Accountant/Manager, Meenachil East Urban Co-operative Bank Ltd.
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
