The High Court of Kerala dismissed a writ petition filed by a borrower challenging enforcement actions under the SARFAESI Act. The court held that the petition was dismissed for non-prosecution as the petitioner, represented during the hearing, failed to respond.
Writ petition dismissed for non-prosecution.
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 S.V.BHATTI
FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941
WP(C).No.26185 OF 2019(W)
PETITIONER:
JINULAL
AGED 45 YEARS S/O. CHANDRASHEKARAN, LAL VIHAR ERICADU, PUTUPALLY P.O. 686 011, KOTTAYAM , KERALA.
BY ADV. SRI.JOSEPH T.JOHN
RESPONDENTS:
1 THE AUTHORIZED OFFICER UNDER THE SARFAESI ACT, SHRIRAN HOUSING FINANCE LIMITED, REGISTERED OFFICER, NO. 123, ANGAPPA NAYAKAN STREET, CHENNAI 600001.
OTHER PRESENT:
ADV. RUKSANA N.P. FOR B.S. SURESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26185 OF 2019
2
JUDGMENT
No representation for petitioner in the forenoon as
well as afternoon. Adv.Ruksana N.P holding for B.S.Suresh Kumar submits that the petitioner, taking
advantage of the pendency of the writ petition, is not repaying the outstanding amount.
The writ petition is dismissed for non prosecution.
Sd/-
S.V.BHATTI
JUDGE
ska
WP(C).No.26185 OF 2019
3
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE RESPONDENT BANK |
LETTER ISSUED BY THE 2ND DATED 6.11.2017. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE PERIOD FROM 13.2 |
ACCOUNT STATEMENT FOR THE .2000 TO 13.2.2019. |
| EXHIBIT P3 | TRUE COPY OF THE DATED 12.1.2019. |
NEWS PAPER MANGALAM DAILY |
| EXHIBIT P4 | TRUE COPY OF THE NOTICE OF SARFAE ISSUED RULE 8 (1 INTEREST(ENFORCE 15.3.2019. |
ISSUING SECTION 13 (4) SI ACT, THE 1ST RESPONDENT ) UNDER SECURITY MENT) RULES 2002 DATED |
| EXHIBIT P5 | TRUE COPY OF THE ON 25.2.2019. |
REPLAY TO THE RESPONDENTS |
| EXHIBIT P6 | TRUE COPY OF THE ISSUED FROM THE ACCOUNT OF THE P 4.9.2019. |
STATEMENTS OF THE ACCOUNT KARNADAKA BANK FROM THE ETITIONER FROM 1.1.2019 TO |
2 issues framed by the court
Whether the writ petition filed by the lender for enforcement of security interests under SARFAESI Act should be allowed given non-prosecution.
Whether the petitioner's failure to repay dues during pendency justifies dismissal of the writ petition.
2 provisions across 2 enactments
JINULAL
AUTHORISED OFFICER UNDER THE SARFAESI ACT, SHRIRAN HOUSING FINANCE LIMITED
BRANCH MANAGER, SHRIRAN HOUSING FINANCE LIMITED ERNAKULAM OFFICE
S.V.BHATTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
