Kerala High Court
WP(C)/38022/2008 of A.V.FRANCIS Vs UCO BANK & OTHERS on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38022 of 2008(B) -------------------------------------- PETITIONER(S): ---------------------- A.V. FRANCIS, RESIDING AT ARAKKAL HOUSE, (P.O).
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
WP(C).No. 38022 of 2008(B)
--------------------------------------
PETITIONER(S):
----------------------
A.V. FRANCIS,
RESIDING AT ARAKKAL HOUSE, (P.O). POOVATHUR, VIA CHAVAKKAD, THRISSUR DISTRICT, PIN - 680 508.
BY ADV. SRI.C.VATHSALAN
SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
RESPONDENT(S):
------------------------
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. UCO BANK, THRISSUR BRANCH,
SWARAJ ROUND EAST, TRICHUR, PIN - 680 001.
REPRESENTED BY ITS BRANCH MANAGER.
2. AUTHORISED OFFICER,
UCO BANK,
THIRUVANANTHAPURAM.
3. M/S. ARAKKAL FABRICS,
REPRESENTED BY MANAGING PARTNER,
A.J. SAJAN, (P.O). POOVATHUR,
CHAVAKKAD, THRISSUR.
R1, R2 BY ADV. SRI.GEORGE VARGHESE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26/12/2008,THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN, J.
= = = = = = = = = = = = = = = = = = = = = = = =W.P.(C).No.38022 of 2008-B
= = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26[th]day of December, 2008.JUDGMENT
Ext.P2 judgment, followed by Ext.P3 order on areview petition, has become final. The petitioneris a partner of the third respondent firm whichavailed a loan. SARFAESI Act proceedings wereinitiated. The proceedings initiated on the basisof Ext.P1 was subject matter of Ext.P2 writpetition. That stands concluded with directionsas to payment. It is stated that the directionshave not been complied with even as regards thoseinstalments which were due by now. The presentplea is that the impugned Ext.P7 has been issuedtaking within its sweep certain other loans alsoand thereby fixing the value of the property insuch a way that no intending purchaser would havecome forward to buy it. Ext.P4 report is pressedinto service. I do not find any ground to issue WP(C)38022/08
-: 2 :-
any order since Ext.P7, if it exceeds Ext.P1,would be a matter for consideration by the DebtsRecovery Tribunal under Section 17 of theSARFAESI Act. Subject to the right of the bank todemonstrate before the learned Tribunal thatExt.P7 is a composite proceeding based on certainother notices under Section 13(2) also, apartfrom Ext.P1, it is clarified that Ext.P2 judgmentand Ext.P3 order cover only Ext.P1 and nothingmore. The writ petition is disposed of withoutprejudice to the right of the petitioner to movethe DRT in terms of what is stated above.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/