The High Court dismissed a writ petition wherein the petitioner sought a direction to allow repayment of a bank loan in instalments. Citing a Supreme Court precedent barring interference under the SARFAESI Act absent extraordinary circumstances, the Court held no such exigency existed and dismissed the plea.
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
MONDAY, THE 5TH DAY OF JUNE 2023 / 15TH JYAISHTA, 1945
WP(C) NO. 13188 OF 2023
PETITIONER:
JINESH E J, AGED 40 YEARS S/O. JAGADEESHAN, ERIMMAL HOUSE, THAZHEKKAD, KALLETUMKARA P O, THRISSUR, PIN – 680683
BY ADVS.S.MUMTAZ ALISHA ASLAM AMINA RUBY FAIZAL
RESPONDENT:
IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD., NO. 55 REPRESENTED BY THE AUTHORIZED OFFICER, HEAD OFFICE TANA SOUTH, IRINJALAKUDA, THRISSUR., PIN – 680121
SRI DEVAPRASANTH P J
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13188 OF 2023
:: 2 ::
JUDGMENT
Dated this the 5th day of June 2023
The writ petition is filed to direct the respondent to permit the petitioner to pay off the outstanding amount in instalments.
WP(C) NO. 13188 OF 2023
:: 3 ::
for the petitioner and Sri.Devaprasanth.P.J., the learned counsel appearing for the respondent.
WP(C) NO. 13188 OF 2023
:: 4 ::
Enforcement of Security Interest Act, 2002, in writ proceedings under Article 226 of the Constitution of India.
record and taking note of the submissions made by the learned counsel appearing on both sides, I do not find any extraordinary circumstances to entertain the writ petition by exercising plenary powers of this Court under Article 226 of the Constitution of India. Nonetheless, it will be upto the petitioner to approach the respondent and submit a proposal as stated above.
Resultantly, the writ petition is dismissed, reserving the right of the petitioner to approach the respondent bank and submit a proposal.
Sd/-
C.S.DIAS
JUDGE
jes
WP(C) NO. 13188 OF 2023
:: 5 ::
APPENDIX OF WP(C) 13188/2023
PETITIONER’S EXHIBITS
Exhibit P 1 TRUE COPY OF THE SALE NOTICE DATED 27/1/2021 ISSUED BY THE RESPONDENT Exhibit P 2 TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 28/9/2022 Exhibit P 3 TRUE REQUEST LETTER SUBMITTED BY THE PETITIONER BEFORE RESPONDENT DATED 25/10/2022
// True copy //
P.S. to Judge
3 issues framed by the court
Whether the High Court can intervene to direct the bank to permit repayment of loan in instalments.
Whether extraordinary circumstances exist to entertain the writ petition under Article 226.
Whether proceedings under the SARFAESI Act should be quashed in the present facts.
Colour shows how this judgement treated each authority
South Indian Bank Ltd vs. Naveen Mathew PhilipReferred¶24
2023 LiveLaw (SC) 320
2 provisions across 2 enactments
Jinesh E J
Irinjalakuda Town Co-operative Bank Ltd.
C.S.DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
