Petitioners filed a writ petition under Article 226 challenging SARFAESI proceedings against them following a loan default. The bank had sold secured assets with a partial deposit. The court declined interference in the proceedings. The petition was dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
WP(C) NO. 9399 OF 2023
PETITIONERS:
1 MARAKKAR.K,AGED 61 YEARS
S/O.KOYAMMU, KELASSERY HOUSE, THRITHALA, PALAKKAD, PIN – 679 534.2 KHADEEJAAGED 54 YEARS
W/O.MARAKKAR, KELASSERY HOUSE, THRITHALA, PALAKKAD,
PIN – 679 534.
BY ADVS.
K.MOHANAKANNAN
P.T.SHAHUL HAMEED
RESPONDENTS:
1 THE AUTHORIZED OFFICER CANARA BANK, THRITHALA BRANCH, SALEENA BUILDING, THRITHALA, PALAKKAD, PIN – 679 534.2 THE CHIEF MANAGER, CANARA BANK, THRITHALA BRANCH, SALEENA BUILDING, THRITHALA, PALAKKAD, PIN – 679 534.BY ADV GOPALAKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9399 OF 2023
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DINESH KUMAR SINGH, J.
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WP(C) NO. 9399 OF 2023
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Dated this the 05th day of September, 2023
J U D G M E N T
Constitution of India, seeking the following prayers.
WP(C) NO. 9399 OF 2023
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Sd/-
DINESH KUMAR SINGH JUDGE
rpr
WP(C) NO. 9399 OF 2023
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APPENDIX OF WP(C) 9399/2023
PETITIONERS’ EXHIBITS
Exhibit P1TRUE COPY OF THE NOTICE ISSUED BY THE
RESPONDENT BANK U/S.13(4) DATED 11-1-2023.
Exhibit P2TRUE COPY OF THE SALE NOTICE ISSUED BY THE
RESPONDENT BANK DATED 16-2-2023.
Exhibit P3TRUE COPY OF THE RECEIPT OF PAYMENT ISSUED BY
THE BANK DATED 2-2-2023.
Exhibit P4TRUE COPY OF THE NOTICE DATED 5-6-2023 ISSUED
BY THE RESPONDENT BANK
2 issues framed by the court
Whether the writ petition challenging the SARFAESI proceedings and sale of secured asset requires interference.
Whether the petitioners are entitled to clear dues in installments to defer coercive action.
2 provisions across 2 enactments
MARAKKAR.K
KHADEEJA
THE CHIEF MANAGER, CANARA BANK, THRITHALA BRANCH
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court