Petitioner filed a contempt petition for non-compliance of a bank resolution order. Court observed the petitioner is a defaulter and SARFAESI proceedings have commenced. Contempt petition closed; petitioner directed to challenge SARFAESI proceedings.
Contempt petition closed. Petitioner at liberty to challenge SARFAEI proceedings before the competent forum.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
Cont.P.No.596 of 2016
J.Gopalakrishnan .. Petitioner
Vs.
Thiru. K.G.Perumal
The Branch Manager,
Canara Bank,
Sripuram Branch,
Vellore-632 055. .. Respondent
Prayer: Contempt Petition filed under Section 11 of the
Contempt of Courts Act to punish the respondent herein for
willful, deliberate and intentional disobedience of the order
dated 20.04.2015 made in W.P.No.11273 of 2015 passed by this
Court.
For Petitioner : M/s.M.R.Sakunthala
For Respondent : Mr.P.Raghunathan
O R D E R
This Contempt Petition has been filed for non-compliance of the order passed by this Court dated 20.04.2015 made in W.P.No.11273 of 2015, in and by which, this Court directed the respondent to consider the petitioner's application for additional loan and pass appropriate orders.
respondent/contemnor would submit that the petitioner is a https://hcservices.ecourts.gov.in/hcservices/
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defaulter in respect of existing loan account and it has been classified as Non Performing Asset (NPA) and action has been initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] by issuing notices under Sections 13(2) and 13 (4) of the said Act.
SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
CO/12/08/2016 One CC to M/s.Mr.Sakunthala, Advocate, SR.9410/2016 jvm To Thiru. K.G.Perumal The Branch Manager, Canara Bank, Sripuram Branch, Vellore-632 055.
2 issues framed by the court
Whether to proceed with the contempt petition filed for non-compliance of an earlier court order directing the bank to consider a loan application.
Whether the petitioner's default status and initiation of SARFAESI proceedings mandate closure of the contempt petition without adjudication.
2 provisions across 2 enactments
J.Gopalakrishnan
Thiru. K.G.Perumal
M.Sathyanarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
