High Court of KeralaWA/110/2015dismissed

Reji Daniel Mathew v. The Authorized Officer, Syndicate Bank, Ernakulam

2015-01-19Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WA.No. 110 of 2015 (L) IN WP(C).2914/2014 ------------------------------------------- AGAINST THE ORDER IN I.A. No. 322/2015 IN WP(C) 2914/2014 DATED 13-01-2015 ..................

APPELLANT/PETITIONER :

------------------------------ REJI DANIEL MATHEW S/O.DANIEL MATHEW, RESIDING AT GILGAL PRAYER HALL KUZHIMATTOM P.O, KOTTAYAM DISTRICT BY ADV. SRIP.S.SUJETH RESPONDENT/RESPONDENT :

---------------------------------- THE AUTHORIZED OFFICER, SYNDICATE BANK, HOUSING FINANCE BRANCH,M.G ROAD,ERNAKULM PIN 682 035 BY SRI.R.S. KALKURA, SC, SYNDICATE BANK THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 110 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

This appeal is filed against the order dated 13.01.2015 in I.A.No.322 of 2015 in W.P.(C) No.2914 of 2014 by which the application was dismissed. The learned Single Judge in the order has observed that earlier, on similar prayer, I.A. No. 15954 of 2014 was considered and the petitioner was accommodated to the maximum possible extent. But petitioner did not comply with the directions issued and filed another application.

2. Normally when SARFAESI proceedings are initiated against the borrower, the court can not interfere. But learned Single Judge has shown indulgence by exercising his discretion and granted further time to make the payment, which having been failed to do, the petitioner has filed another I.A. which was dismissed. We do not find any error in the order passed by learned Single Judge. Hence the appeal is dismissed. Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

ttb/20/01