Petitioner sought writ directing respondent bank to allow loan repayments in installments to prevent auction proceedings. Court referred to Supreme Court precedents holding refusal to interfere under SARFAESI Act absent extraordinary circumstances.
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 C.S.DIAS
TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945 WP(C) NO. 11241 OF 2023
PETITIONER:
ABHILASH.S., AGED 60 YEARS, S/O. SAMUVEL, PRADEEP NIVAS, KUNNINPURAM ,MARUTHATHOOR, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695121 BY ADV S.NIKHIL SANKAR
RESPONDENT:
KERALA STATE CO OPERATIVE BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE,EAST FORT P.0., THIRUVANANTHAPURAM- 695023 BY ADV THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.11241 of 2023
2
JUDGMENT
Dated this the 6th day of June, 2023
The writ petition is filed to direct the respondent bank to permit the petitioner to pay off the outstanding amount in instalments and regularize the loan account.
Counsel appearing for the petitioner and Sri.Thomas Abraham, the learned counsel appearing for the respondent.
3
WPC No.11241 of 2023
respondent is not ready to provide any instalment facility to the petitioner.
WPC No.11241 of 2023
4
permit the petitioner to pay the outstanding amounts in instalments, I do not find any extraordinary circumstance to entertain the writ petition under Article 226 of the Constitution of India. Nonetheless, the petitioner would be at liberty to invoke the statutory remedies under the Act.
Resultantly, the writ petition is dismissed, without prejudice to the right of the petitioner to work out his remedies, in accordance with law.
Sd/-
C. S. DIAS JUDGE
AP/06-06
WPC No.11241 of 2023
5
APPENDIX OF WP(C) 11241/2023
PETITIONER EXHIBITS Exhibit-P1
TRUE COPY OF THE NOTICE ISSUED BY THE BANK NOTIFYING SALE FIXING RESERVE PRICE TO THE PETITIONER DATED 15/03/2023
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether the writ jurisdiction under Article 226 should be exercised to permit payment of loan amount in installments despite the bank's refusal.
Whether the proceedings under SARFAESI Act constitute extraordinary circumstances warranting High Court intervention.
Colour shows how this judgement treated each authority
South Indian Bank Ltd vs. Naveen Mathew PhilipReferred¶20
South Indian Bank Ltd vs. Naveen Mathew Philip (2023 LiveLaw (SC) 320)
2 provisions across 2 enactments
ABHILASH.S.
KERALA STATE CO OPERATIVE BANK LTD.
C.S. DÍAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
