Writ petition challenging SARFAESI arrest and auction. Court noted government delay but held petitioner could not halt enforcement for amount dispute as total liability far exceeded disputed sum. Petition dismissed.
Writ petition dismissed; no further direction issued to delay SARFAESI proceedings.
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 29TH DAY OF SEPTEMBER 2016/7TH ASWINA, 1938
WP(C).No. 2651 of 2016 (F)
PETITIONER(S):
1. RAHIM E.A, MANNUR HOUSE, PALODE-PANMANA, EDAPPALLYKOTTA PO, CHAVARA, KOLLAM-691 583.
2. SAFIYA RAHIM, MANNUR HOUSE, PALODE-PANMANA, EDAPPALLYKOTTA PO, CHAVARA, KOLLAM-691 583.
BY ADVS.DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE (BUDGET) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE CHIEF ENGINEER (KUTTANAND PACKAGE), OFFICE OF THE KUTTANAD PACKAGE, ALAPPUZHA-688 009.
3. FEDERAL BANK LTD, REPRESENTED BY THE MANAGER, KARUNAGAPPALLY BRANCH, KOLLAM-690 518
4. THE CHIEF MANAGER (KARUNAGAPLLY), AUTHORIZED OFFICER UNDER SARFAESI, FEDERAL BANK LTD, KARUNAGAPPLLY, KOLAM-690 518.
R1,R2 BY GOVERNMENT PLEADER SRI C.P.PRADEEP R3&4 BY ADVS. SRI.REJI GEORGE
SRI.BINOY DAVIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 2651 of 2016 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------EXT.P1: TRUE COPY OF THE LETTER WRITTEN BY THE EXECUTIVE ENGINEER, KUTTANAND DEVELOPMENT DIVISION, MANCOMBU TO THE CHIEF MANAGER, FEDERAL BANK LTD, KARUNAGAPPLLAY DATED. 23/9/15.
EXT.P2: TRUE COPY OF THE LETTER WRITTEN BY THE EXECUTIVE ENGINEER, KUTTANAD DEVELOPMENT DIVISION, TO THE 4TH RESPONDENT DATED. 3/11/15.
EXT.P3: TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 4TH RESPONDENT DATED. 21/1/15 UNDDER SECTION 13 (2) OF THE SARFAESI ACT.
EXT.P4: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE TEH HON'BLE MINISTER FOR FINANCE AND LAW DATED. 28/10/11.
EXT.P5: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED. 11/12/15
EXT.P6: TRUE COPY OF THE NOTICE ISSUED BY A NOUSHAD ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE KOLLAM DATED. 19/12/15.
EXT.P7: TRUE COPY OF THE LETTER OBTAINED FROM THE 1ST PETITIONER BY THE ADVOCATE COMMISSIONER IN THE PRESENCE OF THE 3RD RESPONDENT DATED. 8/1/16.
RESPONDENT(S)' EXHIBITS
EXHIBIT R2(A): TRUE COPY OF THE LETTER NO.1878/IR4/2015/WRD DATED 14/12/2015 OF THE MINUTES OF THE REVIEW MEETING.
/TRUE COPY/
P.A.TO JUDGE
K.V.
A.M. SHAFFIQUE, J.
W.P.(C) No.2651 of 2016
Dated this the 29th day of September, 2016
JUDGMENT
This writ petition has been filed challenging SARFAESI proceedings initiated by the respondent Bank inter alia contending that the Government is liable to pay huge amounts to the petitioner. It is submitted by the learned counsel appearing for the respondent Bank that the total amount payable as per SARFAESI proceedings is Rs.1,62,92,456/- .
W.P.(C) No.2651 of 2016
-2-
the issue of letter of credit and the amount will be paid on getting clearance from the Government.
W.P.(C) No.2651 of 2016
-3-
the reason that the petitioner is waiting for payment of Rs.35 lakhs from the Government.
Under such circumstances, I do not think that any further direction can be issued in the matter. Writ petition is
therefore dismissed.
Sd/-
A.M. SHAFFIQUE
JUDGE
Scl/29.09.2016
2 issues framed by the court
Whether delay in Government payment can prevent SARFAESI proceedings when liability exceeds petitioner's claim.
Whether to grant stay on SARFAESI proceedings pending resolution of petitioner's claim against Government.
1 provisions across 1 enactments
Rahim E.A
Safiya Rahim
State of Kerala
The Chief Engineer (Kuttanand Package)
Federal Bank Ltd
The Chief Manager (Karunaggapally)
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
