Dismissed

Sreeja Sibi v. the Authorised Officer

Kerala HC15 Feb 2023WP(C)/1976/2023

Case brief

AI extract

What is this about?

Petitioners challenged recovery steps under the SARFAESI Act. Although a stay of dispossession on posting a sum of Rs. 25,00,000 was previously granted, the respondents reported non-payment. The Court dismissed the writ petition, preserving the petitioners' right to contest the amounts.

What did the court decide?

The writ petition is dismissed without prejudice to the right of the petitioners to contest the amounts claimed in appropriate proceedings.

Sreeja Sibi Vs the Authorised Officer — Banking and Recovery | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944

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WP(C) NO. 1976 OF 2023

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PETITIONERS:

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1 SREEJA SIBI AGED 37 YEARS

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W/O SIBI N.K., NEDUPARAMBIL HOUSE, VELAMKODE P.O.,
KODENCHERRY - VIA, KOZHIKODE DISTRICT, PIN – 673580.

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2SIBI N.K.
AGED 44 YEARS

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S/O. KUMARAN, NEDUPARAMBIL HOUSE, VELAMKODE P.O.,
KODENCHERRY - VIA, KOZHIKODE DISTRICT., PIN – 673580.

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BY ADV BABU JOSEPH KURUVATHAZHA

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RESPONDENTS:

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1THE AUTHORISED OFFICER
UNDER THE SARFAESI ACT 2002, ASSET RECOVERY MANAGEMENT
BRANCH, STATE BANK OF INDIA, R.S. BUILDING, MG ROAD,
KOCHI – 682011.

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2 STATE BANK OF INDIA REPRESENTED BY ITS BRANCH MANAGER, THAMARASSERY BRANCH, THAMARASSERY P.O., KOZHIKODE DISTRICT, PIN – 673573.

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S.EASWARAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1976 OF 2023

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T.R. RAVI, J.

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W.P.(C) No.1976 of 2023

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Dated this the 15^th day of February, 2023

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JUDGMENT

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The petitioners had approached this Court challenging steps for recovery of the amounts outstanding. This Court had

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on 20.01.2023 stayed dispossession of the petitioners on condition that the petitioners remit a sum of Rs.25,00,000/within a period of ten days.

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When the case is taken up today, it is submitted by the counsel for the respondents that no amount has been paid. In the above circumstances, no further orders can be issued in this writ petition. The writ petition is hence dismissed. This shall be without prejudice to the right of the petitioners to contest the amounts claimed in appropriate proceedings.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 1976 OF 2023

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PETITIONERS’ EXHIBITS

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Exhibit P1TRUE COPY OF THE CMP NO.1911/2022 FILED BY
THE 1ST RESPONDENT BEFORE THE LEARNED CHIEF
JUDICIAL MAGISTRATE COURT KOZHIKODE.

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Exhibit P2TRUE COPY OF THE NOTICE DATED 4.1.2023
ISSUED BY THE LEARNED ADVOCATE
COMMISSIONER.

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Exhibit P3TRUE COPY OF THE REPRESENTATION DATED
9.1.2023 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 1ST RESPONDENT.

Sreeja Sibi v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

Sreeja Sibi v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

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