Writ petition filed to enforce SARFAESI Act stay order. Court dismissed petition because petitioner failed to deposit the required amount within the stipulated deadline despite a previous conditional stay.
None granted; writ petition dismissed due to non-compliance with interim order.
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.
WP(C) NO. 8800 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 25TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945
WP(C) NO. 8800 OF 2023
PETITIONER/S:
RESHMA SAJEEVAN
AGED 47 YEARS
AGED 47, W/O SAJEEVAN, NANDANAM (H), MALLANNUR (PO),
KUNDERIPOIL, KUTHUPARAMBA, KANNUR, PIN - 670701
BY ADVS.
MANU.M.THOMAS
MUHAMMED K.
P.SREESHA
RESPONDENT/S:
1AUTHORISED OFFICER
CANARA BANK , REGIONAL OFFICE, KANNUR SOUTH, NEELANKOL
COMPLEX, I FLOOR P M ROAD, TALAP, KANNUR, KERALA, PIN -
670002
2BRANCH MANAGER
CANARA BANK. P5/560, 1ST FLOOR, MATTANNUR, SIVAPURAM,
KANNUR-, PIN - 670702
BY ADV M.GOPIKRISHNAN NAMBIAR
OTHER PRESENT:
sc sri gopikrishnan nambiar
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8800 OF 2023
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JUDGMENT
The writ petition is filed to direct the respondent bank to permit the petitioner to pay off the loan amount in equated monthly instalments.
WP(C) NO. 8800 OF 2023
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on 25.4.2023, this Court had stayed coercive proceedings as against the petitioner on condition that the petitioner deposits an amount of Rs.2.5/- lakh with the respondent bank on or before 28.4.2023.
WP(C) NO. 8800 OF 2023
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25.4.2023, I am not inclined to entertain this writ petition.
Resultantly, the writ petition is dismissed, without prejudice to the right of the petitioner to work out her
remedies, in accordance with law.
Sd/-
C.S.DIAS, JUDGE
okb/26.5.23
WP(C) NO. 8800 OF 20235
APPENDIX OF WP(C) 8800/2023
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE SALE NOTICE DATED
09.03.2023
2 issues framed by the court
Whether the court should entertain the writ petition after the petitioner failed to comply with a conditional stay order.
Whether extraordinary circumstances exist to interfere with proceedings under the SARFAESI Act.
Colour shows how this judgement treated each authority
South Indian Bank Ltd vs. Naveen Mathew PhilipDistinguished¶28
South Indian Bank Ltd vs. Naveen Mathew Philip (2023 LiveLaw (SC) 320)
3 provisions across 2 enactments
RESHMIA SAJEEVAN
CANARA BANK
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court