The single-judge High Court of Kerala dismissed an appeal by a loan availing appellant against recovery proceedings under the SARFAESI Act. The court held that a writ petition was not the proper remedy given the admitted default and the bank's statutory powers. The appeal was dismissed.
The writ appeal is dismissed.
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
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 12TH DAY OF MARCH 2018 / 21ST PHALGUNA, 1939
WA.No. 1732 of 2016 IN WPC. 25391/2016 AGAINST THE JUDGMENT IN WP(C) 25391/2016 of HIGH COURT OF KERALA DATED 29-07-2016
APPELLANT(S)/PETITIONER.
BINUKUMAR G.V. 40 YEARS, S/O. VELAYUDHAN PILLAI, APPATTUVILA PUTHEN VEEDU, KANJAMPAZHANJI, POOVAR P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. PIN- 695 525.
BY ADVS.SMT.MINI GANGADHARAN SRI.N.C.SAJUNAM
RESPONDENT(S)/RESPONDENT:
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
W. A. No.1732 of 2016
Dated this the 12th day of March, 2018
JUDGMENT
Antony Dominic, C.J.
This appeal is filed by the petitioner in W.P.(C) No.25391 of 2016. Through the said writ petition, the appellant challenged the SARFAESI proceedings initiated by the third respondent Bank for recovery of the amounts due towards an agricultural loan availed by him. By the judgment under appeal, the learned single Judge directed the Advocate Commissioner to defer further proceedings for one month and allow the appellant to settle the liability in the meanwhile. It is this judgment which is challenged before us.
W. A. No.1732 of 2016
-2-
The appeal fails and is accordingly dismissed.
Sd/-
ANTONY DOMINIC CHIEF JUSTICE Sd/-
DAMA SESHADRI NAIDU JUDGE
kns/-
//TRUE COPY//
P.S. TO JUDGE
1 issue framed by the court
Whether the writ petition was the proper remedy for the appellant challenging SARFAESI proceedings.
Colour shows how this judgement treated each authority
Authorized Officer, S.B.T. v. Mathew, K.C.Explained¶28
Authorized Officer, S.B.T. v. Mathew, K.C. [ILR 2018 (1) Kerala 479] · Who else cites this
1 provisions across 1 enactments
BINUKUMAR G.V.
THE DISTRICT COLLECTOR THIRUVANANTHAPURAM
KERALA STATE FARMERS DEBT RELIEF COMMISSION
THE PUNJAB NATIONAL BANK
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
