Dismissed

Assanar v. the General Manager, Palakkad District Co. Operative Bank Ltd.

Kerala HC15 Mar 2016WP(C)/4486/2016

Case brief

AI extract

What is this about?

The Court dismissed the writ petition filed by a petitioner aggrieved by bank recovery steps under the SARFAESI Act. The petitioner, who had been granted an interim stay conditional on payment of an amount, failed to comply with that direction. Consequently, the Court held that no further discretionary relief could be granted.

What did the court decide?

The writ petition is dismissed as the petitioner failed to comply with the conditional interim order.

Assanar Vs the General Manager, Palakkad District Co… — Banking and Recovery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 15TH DAY OF MARCH 2016/25TH PHALGUNA, 1937

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WP(C).No. 4486 of 2016 (I)

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PETITIONER(S):

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ASSANAR, S/O.AHAMMAD RAWTHER, PAZHAYAPEEDIKAKKAL HOUSE, KIZHAKKUMPURAM (PO), MANNUR.

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BY ADV. SRI.K.RAVI (PARIYARATH).

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RESPONDENT(S):

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1. THE GENERAL MANAGER, THE PALAKKAD DISTRICT CO OPERATIVE BANK LTD., P.B. NO.21, HPO ROAD, SULTHANPET, PALAKKAD-678 001.

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2. THE MANAGER, THE PALAKKAD DISTRICT CO OPERATIVE BANK LTD., KERALASSERY BRANCH, PALAKKAD, PIN-678 641.

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3. THE AUTHORISED OFFICER, THE PALAKKAD DISTRICT CO OPERATIVE BANK LTD., P.B. NO.21, HPO ROAD, SULTHANPET, PALAKKAD-678 001.

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BY ADV. SRI.M.SASINDRAN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 4486 of 2016 (I)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1 : TRUE COPY OF THE SALE NOTICE ISSUED TO THE PETITIONER UNDER RULE 8(5) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002, AT THE INSTANCE OF THE 3RD RESPONDENT DATED 16-12-2015.

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P2 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER INTIMATING HIM ABOUT THE SALE OF HIS PROPERTY ON 11-02-2016 DATED 04-01-2016.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.K.JAYASANKARAN NAMBIAR, J.

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............................................................. W.P.(C).No.4486 of 2016

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............................................................. Dated this the 15^th day of March, 2016

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J U D G M E N T

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The petitioner, who had approached this Court aggrieved by the steps taken by the respondent bank for recovery of defaulted loan amounts under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, was granted an interim stay as prayed for on 09.02.2016, on condition that, the petitioner paid an amount of Rs.5,00,000/- within one month from the date of the order. When the matter was taken up for orders today, it is submitted by counsel for the petitioner that he could not comply with the directions in the interim order dated 09.02.2016. Taking note of the said fact, I am of the view that, the petitioner cannot aspire for any discretionary relief from this Court in these proceedings under Article 226 of the Constitution of India.

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Resultantly, the writ petition fails and is accordingly dismissed.

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A.K.JAYASANKARAN NAMBIAR JUDGE

mns/15.3.16

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W.P.(C). No. of

A.K.JAYASANKARAN NAMBIAR, J.

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.............................................................

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W.P.(C).No.4486 of 2016

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............................................................. Dated this the 15^th day of March, 2016

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J U D G M E N T

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Resultantly, the writ petition fails and is accordingly dismissed.

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A.K.JAYASANKARAN NAMBIAR JUDGE

mns/15.3.16

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W.P.(C). No. of

xxx

Assanar v. the General Manager, Palakkad District Co. Operative Bank Ltd.

Case brief

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Assanar v. the General Manager, Palakkad District Co. Operative Bank Ltd.

Case brief

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