Writ petition challenging enforcement proceedings under the SARFAESI Act dismissed by the Kerala High Court for non-compliance with interim order and non-exceptional circumstances, directing petitioner to pursue statutory remedies.
Petitioner directed to work out statutory remedies; writ petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945
WP(C) NO. 5191 OF 2023
PETITIONER:
PARAMBATH NISSAR, AGED 47 YEARS S/O YUSUF HAJI, PROPRIETOR M/S HALAL MANIYARA AND FURNITURE, RESIDING AT SAFA MAHAL, PONNIYAM PALAYAM, CHAMPAD POST THALASSERY, PIN – 670694
BY ADVS.ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) E.MOHAMMED SHAFI
RESPONDENTS:
THE INDIAN BANK
P.B NO. 2519/77-D, AVK NAIR ROAD, NARANGAPURAM, THALASSERY, KANNUR, REP. BY ITS AUTHORIZED OFFICER, PIN – 670101
BY ADV. S.EASWARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5191 OF 2023
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JUDGMENT
Dated this the 15th day of June 2023
The writ petition is filed to direct the respondent to
permit the petitioner to pay off the overdue amount in instalments.
WP(C) NO. 5191 OF 2023
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WP(C) NO. 5191 OF 2023
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by this Court, I am not inclined to entertain the writ petition by exercising the plenary powers of this Court under Article 226 of the Constitution of India. Nonetheless, it will be up to the petitioner to work out his statutory remedies in accordance with law.
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
jes
WP(C) NO. 5191 OF 2023
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APPENDIX OF WP(C) 5191/2023
PETITIONER’S EXHIBITS:
| Exhibit P1 | TRUE COPY OF THE NOTICE OF THE INDENTED SALE |
|---|---|
| DATED 10.02.2023 ISSUED BY THE RESPONDENT BANK |
| Exhibit P2 TRUE |
COPY OF | THE NOTICE ISSUED BY THE |
|---|---|---|
| COMM | ISSIONER DAT | ED NIL |
Exhibit P3 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE PETITIONER DATED 13.02.2023
Exhibit P4 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE PETITIONER WITH THE RESPONDENT BANK
Exhibit P5 THE UNIQUE DISABILITY ID ISSUED BY GOVERNMENT OF INDIA Exhibit P6 TRUE COPY OF INSPECTION NOTICE ISSUED BY THE COMMISSIONER DATED 31.05.2023
2 issues framed by the court
Whether the High Court can interfere with proceedings initiated under the SARFAESI Act, 2002 in writ proceedings under Article 226.
Whether the writ petition should be entertained given non-compliance with the interim stay order.
Colour shows how this judgement treated each authority
SOUTH INDIAN BANK LTD VS. NAVEEN MATHEW PHILIPRelied on¶26
South Indian Bank Ltd vs. Naveen Mathew Philip [2023 LiveLaw (SC) 320]
2 provisions across 2 enactments
PARAMBATH NISSAR
THE INDIAN BANK
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
