P.A.Mohammed Ashraf vs South Malabar Gramin Bank on 20 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2047 of 2009(R)


1. P.A.MOHAMMED ASHRAF, AGED 54 YRS,
                      ...  Petitioner

                        Vs



1. SOUTH MALABAR GRAMIN BANK,HEAD OFFICE,
                       ...       Respondent

                For Petitioner  :SRI.K.ABDUL JAWAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :20/01/2009

 O R D E R
        THOTTATHIL B. RADHAKRISHNAN, J.

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           W.P.(C).No.2047 of 2009-R

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    Dated this the 20th day of January, 2009.

                   JUDGMENT

The petitioner availed a loan from the respondent

in 2001. That was not repaid. The respondent

filed a suit and obtained a decree on 20-10-2005.

With accruals thereon, the outstandings kept

growing. However, no payment was made. Respondent

initiated proceedings under the SARFAESI Act.

This is under challenge. I do not find any legal

infirmity or jurisdictional error in the impugned

proceedings.

Ext.P1 is only a notice under Section 13(2) of

the Act. The petitioner can, therefore, aspire

only to seek relief by requesting the bank to

defer further steps following that notice to

enable the petitioner to pay off the

outstandings. With such a course of action being

WP(C)2047/2009 -: 2 :-

available, this writ petition is closed without

prejudice.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/200109