The High Court of Kerala dismissed a writ petition challenging SARFAESI proceedings filed by the petitioner against a bank. The petitioner sought withdrawal without complying with an interim order to deposit Rs.10 lakhs. The court held this to be an abuse of process.
Petitioner to pay respondent a sum of Rs.5,000/- as cost.
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
THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938
WP(C).No. 16495 of 2016 (J)
PETITIONER:
MOHAMMED KUTTY N.K, S/O.MOIDEEN KUTTY, NEERKATTIL HOUSE, CHERUVANNUR, VALAVANNUR.P.O., KALPAKANCHERY, MALAPPURAM DISTRICT.
BY ADV. SRI.U.K.DEVIDAS
RESPONDENT:
M/S. SUNDARAM BNP PARIBAS HOME FINANCE LIMITED, FORMERLY KNOWN AS SUNDARAM HOME FINANCE LIMITED, SUNDARAM TOWERS, 4TH FOOR, NO.46, WHITES ROAD, CHENNAI-600 014, REPRESENTED BY THE AUTHORISED OFFICER.
BY ADV. VARGHESE C. KURIAKOSE, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
A.M. SHAFFIQUE, J.
------------------------------------- W.P.(C) No.16495 of 2016
Dated this the 11th day of August, 2016
JUDGMENT
This writ petition is filed challenging SARFAESI proceedings initiated by the respondent Bank. While issuing notice, this Court had directed status quo to be maintained. As a result of which, the SARFAESI proceedings were kept in abeyance. When the matter had been came up for hearing on 30.05.2016, interim order was extended on condition of the petitioner depositing Rs.10 lakhs within a period of one month.
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respondent Bank that the amount due is Rs.16,65,931/-. The learned counsel for the petitioner seeks leave to withdraw the writ petition.
Hence, I am of the view that the petitioner should be
mulcted with some cost. Accordingly, this Writ petition is dismissed as withdrawn. However, the petitioner shall pay to the respondent Bank a sum of Rs.5,000/- as cost.
Sd/-
A.M. SHAFFIQUE
JUDGE
Scl/11.08.2016
1 issue framed by the court
Whether the writ petition should be dismissed as an abuse of process for seeking withdrawal without complying with a court deposit direction.
Mohammed Kutty N.K
M/S. Sundaram BNP Paribas Home Finance Limited
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
