In this writ appeal regarding recovery proceedings under the SARFAESI Act, the High Court held that since the single Judge had granted an instalment facility to save the secured asset, no grievance existed to maintain the appeal. The appeal was thus dismissed.
The writ appeal is dismissed as it is not maintainable.
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 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939
WA.No. 571 of 2018 IN WPC. 36732/2017 AGAINST THE JUDGMENT IN WP(C) 36732/2017 of HIGH COURT OF KERALA DT.15.11.17 --------
APPELLANT(S)/PETITIONER
ABDUL BARI S/O.ALI HAJI, CHALAKKARA HOUSE, THACHANPOYIL, THAMARASSERI, KOZHIKODE.
BY ADV.SRI.C.K.SREEJITH
RESPONDENT(S)/RESPONDENT:
SYNDICATE BANK
REP. BY ITS CHIEF MANAGER, AUTHORIZED OFFICER, REGIONAL OFFICE, KANNUR-670001.
BY SRI.R.S. KALKURA, SC, SYNDICATE BANK
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
W. A. No.571 of 2018
Dated this the 8th day of March, 2018
JUDGMENT
Antony Dominic, C.J.
This appeal is filed against the judgment in W.P.(C) No.36732 of 2017. The said writ petition was filed by the appellant, impugning the proceedings initiated against him under the SARFAESI Act for recovery of the amounts that are due to the respondent.
the submissions made, the learned single Judge granted an instalment facility allowing the appellant to liquidate the liability and thus, save the secured asset from the distress auction. It is in spite of the relief so granted, this appeal is filed.
an instalment facility and the same having been granted by
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W. A. No.571 of 2018
the learned single Judge, there is no redressable grievance against the judgment to maintain an appeal. Therefore, we do not find any merit in this appeal.
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 appeal against the single Judge's grant of an instalment facility to save the secured asset is maintainable.
ABDUL BARI
SYNDICATE BANK
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
