This writ appeal challenged the dismissal of a writ petition arguing that a Section 13(2) notice was premature. The High Court held that such a notice does not bar Article 226 remedies, thus dismiss was correct. The writ appeal was 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
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA, 1939
WA.No.510 of 2018 IN WPC.2647/2018 AGAINST THE JUDGMENT IN WP(C)2647/2018 of HIGH COURT OF KERALA DATED 20-02-2018
APPELLANT/PETITIONER:
MAHESWARA MACHINERIES (M/S), CCSB ROAD, IRON BRIDGE.P.O., ALAPPUZHA - 688 011, REP. BY ITS MANAGING PARTNER.
BY ADV.SRI.P.SHANES METHAR
RESPONDENTS/RESPONDENTS:
R BY SRI.R.S.KALKURA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
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Writ Appeal No.510 of 2018
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JUDGMENT
Antony Dominic, C.J.
The challenge in this writ appeal was against a notice issued under Section 13(2) of the SARFAESI Act. By the judgment under appeal, the learned Single Judge dismissed the writ petition holding that the challenge is premature. It is this judgment, which is questioned before us.
Writ appeal, therefore, fails and it is dismissed.
Sd/- ANTONY DOMINIC, CHIEF JUSTICE
Sd/-
DAMA SESHADRI NAIDU, JUDGE
jes
2 issues framed by the court
Whether the dismissal of a writ petition challenging a Section 13(2) notice as premature was correct.
Whether a notice under Section 13(2) of the SARFAESI Act affects the right to maintain a challenge under Article 226.
2 provisions across 2 enactments
MAHESWARA MACHINERIES (M/S)
THE AUTHORIZED OFFICER, THE CATHOLIC SYRIAN BANK LTD
THE CATHOLIC SYRIAN BANK LTD, ALAPPUZHA BRANCH
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
