K.Abdul Nazar, v. the Manager
Case brief
What is this about?
Petitioner challenged recovery proceedings under SARFAESI Act but was statutorily barred from questioning their legality. The court, prioritizing recovery and financial constraints, disposed of the petition by directing the petitioner to pay overdue dues and future EMIs in a specific instalment schedule to regularize the account, surrendering the right to challenge Bank actions upon default.
What did the court decide?
Direction to pay overdue amount of Rs.7,33,390/- in specific instalments plus regular EMIs; failure to comply vacates the order and restores Bank's recovery proceedings.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940
WP(C).No. 697 of 2019
PETITIONER:
K.ABDUL NAZAR, AGED 49 YEARS S/O MUHAMMED HOUSE NO.13/33A,RIGHT,THAZHE KOTTANI PARAMBA,THIRUVANOORNADA P.O. KOZHIKODE DISTRICT
BY ADVS. SRI.SALIM V.S. SRI.A.E.ALIYAR SRI.U.A.KUNJUMUHAMMED
RESPONDENT:
THE MANAGER,
KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD,PANNIYANKARA BRANCH,KOZHIKODE DISTRICT 673 003.
SRI.P.C.SASIDHARAN-SC
Issues for consideration
3 issues framed by the court
Whether the petitioner can be granted an opportunity to pay off overdue bank dues in instalments despite statutory jurisdictional bars on questioning recovery proceedings.
Whether the writ petition may be disposed of on the specific terms of a repayment schedule agreed between the parties.
Whether the benefit of the order regulating recovery may be vacated upon failure to comply with payment directions.
Parties & counsel
- petitioner
K.ABDUL NAZAR
- respondent
THE MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD,PANNIYANKARA BRANCH,KOZHIKODE DISTRICT
Coram
DEVAN RAMACHANDRAN
Case details
As recorded by the court registry
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