IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4715 of 2009(J)
1. A. ABDUL RAHIM, AGED 42,
... Petitioner
Vs
1. THE STATE BANK OF TRAVANCORE,
... Respondent
For Petitioner :SRI.V.JAYAPRADEEP
For Respondent :SRI.K.S.DILIP
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :25/02/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.4715 of 2009-J
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Dated this the 25th day of February, 2009.
JUDGMENT
The petitioner availed a loan for a business
purpose and is facing action under the SARFAESI
Act on account of failure to repay. Though the
petitioner holds out Ext.P1 saying that he had
been sick some time in 2004, even the loan was
availed only in 2004 February. With the passage
of time, the amount accrued is more than Rs.33
lakhs. It may not be feasible for this Court to
issue any direction to regularize the transaction
on repayment of amounts. The action taken by the
bank is essentially a measure falling within
Section 13(4) and therefore, the petitioner will
have adequate remedy by recourse to Section 17 of
the SARFAESI Act. The writ petition is dismissed
without prejudice to such course.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/250209