In this writ appeal, the Kerala High Court upheld the lower court's order granting an installment facility to a debtor under the SARFAESI Act, dismissing the appeal as it found no illegality in the impugned judgment.
The writ appeal was dismissed; the single judge's order granting installment facility was upheld.
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 THE CHIEF JUSTICE MR.ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939
WA.No. 497 of 2018 IN WPC. 29692/2017 AGAINST THE JUDGMENT IN WP(C) 29692/2017 of HIGH COURT OF KERALA DATED 27-09-2017 ORDER IN IA 433/18 IN WPC 29692/17 DT. 09.2.18
APPELLANT(S)/RESPONDENT
CHIEF MANAGER, (AUTHORISED OFFICER), DHANLAXMI BANK LTD. ERNAKULAM REGION, DHANLAXMI BUILDINGS, (FIRST FLOOR), NEAR A.R CAMP OFFICE MARINE DRIVE, ERNAKULAM - 682 031.
BY ADV.SRI.C.K.KARUNAKARAN
RESPONDENT(S)/PETITIONER:
P.K.RAMANATHAN S/O. LATE KRISHNA IYER, H.NO. 1954-H, 9-A, SKYLINE TOPEZ, KALOOR - KADAVANTHRA ROAD, KOCHI - 17.
BY SRI.P.M.JOSHI
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
W. A. No.497 of 2018
Dated this the 1st day of March, 2018
JUDGMENT
Antony Dominic, C.J.
Recovery proceedings initiated under the SARFAESI Act against the respondent was challenged in W.P.(C) No.29692 of 2017. By the judgment dated 27.09.2017, the learned single Judge disposed of the writ petition granting an instalment facility. Amount was not paid and in I.A. No.433 of 2018, the learned single Judge passed order dated 09.02.2018 allowing the instalments, that are due under the judgment for the months of January, February and March, 2018, to be paid on or before 15.03.2018. It is this judgment and order which are impugned before us.
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W. A. No.497 of 2018
and the order in the I.A., we are not persuaded to think that in the impugned judgment, any illegality has been committed by the learned single Judge and therefore, we are not inclined to entertain this appeal.
does not positively pay the amount as ordered by the learned single Judge in the order in I.A. No.433 of 2018, he shall not be entitled to any further indulgence from this Court and the Bank will have the liberty to continue the recovery proceedings in accordance with law.
Sd/-
ANTONY DOMINIC CHIEF JUSTICE
Sd/-
DAMA SESHADRI NAIDU JUDGE
kns/-
//TRUE COPY//
P.S. TO JUDGE
W. A. No.497 of 2018 -3-
1 issue framed by the court
Whether the High Court should entertain a writ appeal against the single judge's order granting an instalment facility under the SARFAESI Act.
Dhanlaxmi Bank Ltd.
P.K.Ramanathan
Antony Dominic
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
