The High Court dismissed the writ petition filed by a co-borrower challenging recovery proceedings under the SARFAESI Act for issuance of possession notices, noting his failure to comply with a previous conditional stay requiring a ten lakh rupee deposit.
The writ petition for challenging the recovery proceedings under the SARFAESI Act 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 MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 24TH DAY OF JULY 2018 / 2ND SRAVANA, 1940
WP(C).No. 6541 of 2018
PETITIONER(S)
P.H. KASIM, AGED 75 YEARS, S/O. HASSAN, PUTHENVEETTIL HOUSE, PAINGANA, MUNDAKAYAM, KOTTAYAM DISTRICT.
BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H. SRI.V.R.SANJEEV KUMAR
RESPONDENT(S):
M/S. SOUTH INDIAN BANK, REGIONAL OFFICE, 1ST FLOOR, REGENCY SQUARE, COLLECTORATE P. O., KOTTAYAM, REPRESENTED BY ITS REGIONAL MANAGER.
R BY SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6541 of 2018 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE ISSUED UNDER SECTION 13(8) OF THE SARFAESI ACT ISSUED BY THE RESPONDENT SEEKING REALIZATION OF A SUM OF RS. 91,66.728.04/- ISSUED AGAINST THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE POSSESSION NOTICE ISSUED UNDER SECTION 13(8) OF THE SARFAESI ACT ISSUED BY THE RESPONDENT SEEKING REALIZATION OF A SUM OF RS. 91,66.728.04/- ISSUED AGAINST THE PETITIONER'S SON MR. P. K. SULAIMAN. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 15.02.2018 FILED BY THE PETITIONER ADDRESSED TO THE RESPONDENT BANK.
RESPONDENT'S EXHIBITS: NIL
// True copy //
PA to Judge
das
DAMA SESHADRI NAIDU, J.
W.P.(C). No. 6541 of 2018 (P)
======================================================= Dated this the 24th day of July, 2018
JUDGMENT
The petitioner, a co-borrower, faced recovery proceedings under the SARFAESI Act. Questioning the respondent Banks' action, he filed this writ petition. This Court on 08.03.2018, granted a conditional stay of further proceedings: the petitioner had to deposit ten lakh rupees on or before 25.03.2018. But he did not comply with the direction.
-2-
W.P.(C). No. 6541 of 2018
Under these circumstances, I find no merit in this writ
petition. Accordingly, I dismiss it.
Sd/-
DAMA SESHADRI NAIDU JUDGE
das 24.07.2018
2 issues framed by the court
Whether the writ petition challenging recovery proceedings under the SARFAESI Act has merit given the petitioner's non-compliance with the conditional stay.
Whether non-compliance with an interim stay direction justifies dismissal of the writ petition.
1 provisions across 1 enactments
P.H. KASIM
M/S. SOUTH INDIAN BANK
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
