High Court of KeralaWP(C)/26241/2015disposed of

Bhadran v. The Branch Manager

2015-09-07Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 26241 of 2015 (E) ---------------------------- PETITIONER:

---------------------- BHADRAN.N.A., MANAGING PARTNER, M/S.ASIAN SPICES, SALMA MANZIL, KARICHARA, PALLIPPURAM.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS:

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1. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, KAZHAKOOTTAM BRANCH, KAZHAMKOOTTAM, THIRUVANANTHAPURAM-695 582.

2. THE AUTHORISED OFFICER/CHIEF MANAGER, STATE BANK OF TRAVANCORE, THIRUVANANTHAPURAM-695 001.

R1 & R2 BY SRI.SANTHOSH MATHEW SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 26241 of 2015 (E) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 A TRUE COPY OF THE NOTICE DATED 12.08.2015 ISSUED BY THE ADVOCATE COMMISSIONER IN THE PROCEEDINGS MC 242 OF 2015 BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT,THIRUVANNATHAPURAM P2 A TRUE COPY OF THE RELEVANT PORTION OF THE WRIT PETITION,WP(C) 1555 OF 2015 DATED 15.01.2015 BEFORE THE HON'BLE HIGH COURT OF KERALA,ERNAKULAM P3 A TRUE COPY OF THE NOTICE DATED 16/08/2014 UNDER SECTION 13(A) OF THE SARFAEST ACT P4 A TRUE COPY OF THE JUDGMENT DATED 15/01/2015 IN WP(C).NO.1555 OF 2015 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM P5 A TRUE COPY OF THE JUDGMENT DATED 29/01/2015 IN WA.NO.175 OF 2015. P6 A TRUE COPY OF THE RELEVANT PORTION OF THE ORIGINAL PETITION, P.O.(DRT)NO.75/2015 DATED 05.06.2015 BEFORE THE HON'BLE HIGH COURT OF KERALA,ERNAKULAM P7 COPY OF THE JUDGMENT DATED 08/06/2015 IN OP(DRT) 75/2015 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM P8 A TRUE COPY OF THE PROCEEDING DATED 30.06.2015. RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 26241 of 2015 ===================================================== Dated this the 7th day of September, 2015

JUDGMENT

The petitioner, who had availed a loan from the respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the 'SARFAESI Act', to recover the loan amounts. When the matter came up for admission it was noticed that the petitioner had already approached this Court on an earlier occasion, when by Ext.P4 judgment, this Court had directed the petitioner to remit the amount of Rs.96,66,328/- together with accrued interest in twelve equal and successive monthly installments commencing from 15.02.2015, as a condition for stay of recovery proceedings initiated against the petitioner by the respondent bank.

It is not in dispute that the petitioner did not comply with the directions in the said judgment. Further, it is also brought to my notice that although the petitioner had filed an application seeking extension of time to comply with the directions in the judgment, the said application was also dismissed by this Court.

-2W.P.(C). No. 26241 of 2015 any discretionary relief from this court in these proceedings under Article 226 of the Constitution of India. The writ petition fails, and is accordingly dismissed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das