Petitioners challenging SARFAESI Act recovery proceedings failed to comply with an interim order to pay Rs.4 lakh before sale. The court dismissed the writ petition without adjudication on merits.
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
WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940
WP(C).No. 9781 of 2018
PETITIONER/S:
1 JAYMON S/O. SHEKHARAN NAIR, AGED 46 YEARS, MUNDACKAL (GAURISHANKARAM), PERUMBDAVAM, AVERMA, KOTTAYAM DISTRICT.
BY ADV. SRI.J.ABHILASH
RESPONDENT/S:
1 KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD DISTRICT CO-OPERATIVE BANK BUILDING, P.O BOX NO.140, (HEAD OFFICE), KERALA - 686 001.
OTHER PRESENT:
SC. SRI. ATHUL SHAJI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.9781/2018
-2-
J U D G M E N T
The petitioners, borrowers from the respondent Bank, faced recovery proceedings. Questioning the Bank's steps under the SARFAESI Act, they have filed this writ petition.
the petitioners pay Rs.4 lakh before the sale in terms of the Ext.P5 notice, the Bank shall defer further proceedings.
W.P.(C) No.9781/2018
-3-
Therefore, I dismiss the writ petition.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
jjj
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF SARFACI ACT DATED 29/5/2014. EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION 14376/2015.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT BANK AT THE TIME OF ADALAT DATED 20.02.2017.
EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT BANK AT THE TIME OF ADALAT DATED 20.02.2017. EXHIBIT P5 TRUE COPY OF THE SALE NOTICE UNDER RULE 8(6) SECURITY INTEREST(ENFORCEMENT) RULES DATED 14/02/2018. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED NIL MADE BY THE PETITIONERS TO THE RESPONDENT BANK.
2 issues framed by the court
Whether the writ petition should be dismissed after the petitioners failed to comply with the interim court order regarding payment.
Whether the petitioner's non-sustenance of pleas on merits warrants dismissal of the writ petition.
2 provisions across 2 enactments
JAYMON S/O. SHEKHARAN NAIR
SANDHYA JAYMON W/O. JOYMON
KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD DISTRICT CO-OPERATIVE BANK BUILDING, P.O BOX NO.140, (HEAD OFFICE), KERALA - 686 001
MS. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD PERUVA BRANCH
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
