High Court of KeralaWA/924/2015dismissed

Vijayan Asari v. The Federal Bank Ltd

2015-05-20Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 WA.No. 924 of 2015 () IN WP(C).9342/2015 ------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 9342/2015 of HIGH COURT OF KERALA DATED 31-03-2015 ------------------ APPELLANT(S)/PETITIONER :- ---------------------------- VIJAYAN ASARI, 'SISIRAM', VELLALIMBU VEEDU PULLUVILA P.O., THIRUVANANTHAPURAM.

BY ADVS.SMT.K.P.SANTHI SRI.RILGIN V.GEORGE SMT.E.U.DHANYA RESPONDENT(S)/RESPONDENTS :- ------------------------------

1. THE FEDERAL BANK LTD FEDERAL TOWERS, M.G.ROAD, THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS CHIEF MANAGER (AUTHORISED OFFICER).

2. SENIOR MANAGER THE FEDERAL BANK LTD. BR.NEYYATTINKARA SWEDESHABHIMANI COMPLEX, NEYYATTINKARA THIRUVANANTHAPURAM - 695 101.

3. JYOTHIKUMAR V.

JYOTHI BHAVAN, THADATHIKULAM, KANJIRAMKULAM P.O., PIN - 695 101.

4. J.S. PADMA BAI, TEACHER GOVERNMENT UPPER PRIMARY SCHOOL, PUTHICHAL THANNOMOODU, BALARAMAPURAM, NEYYATTINKARA THIRUVANANTHAPURAM - 695 101.

R1 & R2 BY SRI.GEORGE VARGHESE (MANACHIRACKEL) R3 & R4 BY SRI.MILLU DANDAPANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 924 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of May, 2015

JUDGMENT

Ashok Bhushan, C.J.

This writ appeal has been filed against the judgment dated 31.03.2015 passed in W.P.(C) No.9342 of 2015, by which the writ petition filed by the petitioner was dismissed.

2. The appellant/petitioner was a guarantor of a loan. Default was committed, hence the bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Earlier, W.P.(C) No. 23753 of 2009, was filed by the petitioner, where this Court permitted the petitioner to deposit the amount in instalments. The said order was not complied with. The Bank proceeded under Section 14 of the Act and has obtained an order for taking possession of the property under the SARFAESI Act, 2002. At this juncture the petitioner has filed the present writ petition.

3. Taking the view that the petitioner could not comply with the earlier order passed in W.P.(C) No. 23753 of

WA No. 924 of 2015 -:2:- 2009, he is not entitled to the discretionary relief under Article 226 of the Constitution of India, learned Single Judge dismissed the writ petition. We do not find any infirmity in the order passed so as to entertain this writ appeal. There is no merit in the appeal. The Writ Appeal is dismissed.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/21/05