Petitioner challenged the bank's right to proceed under SARFAESI Act citing a moratorium. Court held that barring specific dates under the order, the bank must refrain from SARFAESI steps until 31/12/2016.
Bank directed to refrain from taking steps under the SARFAESI Act until 31/12/2016.
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 28TH DAY OF NOVEMBER 2016/7TH AGRAHAYANA, 1938
WP(C).No. 8553 of 2016 (T)
PETITIONER :
K.VASANTHAKUMARAN, AGED 57 YEARS, S/O.LATE KUNJUPILLAI, RESIDING AT THODIYIL PADINJATTATHIL HOUSE, KADAPPAKADA (P.O.), KOLLAM-691 008.
BY ADV. SRI.R.V.SUJIT KUMAR
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
2. KERALA STATE FISHERMEN DEBT RELIEF COMMISSION, REPRESENTED BY ITS SECRETARY, T.C.11/683-14 & 29, NALANDA ROAD, NANTHENCODE, KOWDIAR (P.O.),
THIRUVANANTHAPURAM-695 003.
3. THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS AUTHORISED OFFICER,
CHINNAKKADA, P.B.NO.130, KOLLAM-691 001, KERALA, INDIA. PHONE NO.0474-2742301 TO 2742305 FAX NO.0474-2748060, EMAIL: [email protected]
R1 BY SR GOVERNMENT PLEADER SRI.C.P.PRADEEP R3 BY SRI.T.R.HARIKUMAR, SC,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 8553 of 2016 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1: TRUE COPY OF SLAE NOTICE DATED 21.01.2016.
EXHIBIT-P2: TRUE COPY OF LETTER DATED 28.01.2016 ISSUED BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT-P3: TRUE COPY OF STOP MEMO DATED 10.02.2016 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.8553 of 2016
Dated this the 28th day of November 2016
J U D G M E N T
Petitioner has approached this Court alleging that in view of the moratorium issued in terms of Ext.P3 order dated 10/02/2016,
the Bank is not entitled for taking further steps in the matter.
W.P.C.No.8553/2016
2
account the fact that moratorium exists upto 31/12/2016, I am of the view that the writ petition can be disposed of as under:
i) That the Bank shall not take any steps under the
SARFAESI Act until 31/12/2016.
ii) Thereafter, it shall be open for the Bank to take appropriate steps, which is permissible under law.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
2 issues framed by the court
Whether the bank is entitled to take steps under the SARFAESI Act given the moratorium order issued by the 2nd respondent.
The extent of the moratorium and its applicability to the petitioner's loan.
K.VASANTHAKUMARAN
THE STATE OF KERALA
KERALA STATE FISHERMEN DEBT RELIEF COMMISSION
THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD.
A.M.SHAFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
