Petitioner sought to regularise a loan account and pay dues in instalments, challenging SARFAESI proceedings. The Court dismissed the writ, noting the petitioner failed to comply with prior interim conditions to remit specific amounts.
Writ petition dismissed without prejudice to petitioner's rights to work out remedies under the Act.
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 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
WP(C) NO. 7845 OF 2023
PETITIONER:
BIJI BABU,
AGED 40 YEARS
W/O BABU GEORGE, RAJU VILASAM, UMMANNOOR,
KOTTARAKARA, KOLLAM DISTRICT., PIN - 691532
BY ADVS.
BHARATH MOHAN
N.KRISHNA PRASAD
RESPONDENTS:
1 THE MANAGER, UNION BANK OF INDIA, UMMANNOOR BRANCH, PARAVILA BUILDING, UMMANNOOR, KOLLAM DISTRICT, PIN - 6915472THE AUTHORISED OFFICER,
UNION BANK OF INDIA, UMMANNOOR BRANCH, PARAVILA
BUILDING, UMMANNOOR, KOLLAM DISTRICT., PIN - 691547
OTHER PRESENT:
SRI A S P KURUP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7845 OF 2023
2
Dated this the 12th day of June, 2023
JUDGMENT
The writ petition is filed to direct the respondents
to permit the petitioner to pay off the overdue amount in instalments and regularise the loan account.
WP(C) NO. 7845 OF 2023
3
against the petitioner subject to the condition that the petitioner remits an amount of Rs.1,00,000/- on or before 10.3.2023 and a further amount of Rs.1,00,000/on or before 30.3.2023.
4
WP(C) NO. 7845 OF 2023
Security Interest Act, 2002, in writ proceedings under Article 226 of the Constitution of India.
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
rmm13/6/2023
WP(C) NO. 7845 OF 2023
5
APPENDIX OF WP(C) 7845/2023
PETITIONER EXHIBITS
Exhibit |
P1A TRUE COPY OFEVIDENCING THE28.12.2022 |
THE LOAN STATEMENTPAYMENT OF EMI DATED |
|---|---|---|
Exhibit |
P2A TRUE COPY OFISSUED BY THE30/11/2022 |
THE POSSESSION NOTICEADVOCATE COMMISSION DATED |
Exhibit |
P3A TRUE COPY OFTHE PAYMENT MA14.12.2022 |
THE RECEIPT EVIDENCINGDE BY THE PETITIONER DATED |
Exhibit |
P4A TRUE COPY OF15/02/2023 |
THE NOTICE OF SALE DATED |
2 issues framed by the court
Whether a writ petition seeking to regularise a loan account and stay SARFAESI proceedings should be entertained when the petitioner failed to comply with interim conditions.
Whether the High Court can exercise discretionary powers under Article 226 when the petitioner was in default of earlier interim orders.
Colour shows how this judgement treated each authority
South Indian Bank Ltd vs. Naveen Mathew PhilipRelied on¶7
South Indian Bank Ltd vs. Naveen Mathew Philip (2023 LiveLaw (SC) 320)
1 provisions across 1 enactments
BIJI BABU
THE MANAGER, UNION BANK OF INDIA, UMMANNOOR BRANCH
THE AUTHORISED OFFICER, UNION BANK OF INDIA, UMMANNOOR BRANCH
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.S. DIAS
Parties & counsel