Andikadan Sainaba vs The Nilambur Co-Operative Urban … on 3 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8552 of 2009(L)


1. ANDIKADAN SAINABA, W/O. ABDU
                      ...  Petitioner
2. ABDU KOTHAPARAMBAN, S/O. MUHAMMED,

                        Vs



1. THE NILAMBUR CO-OPERATIVE URBAN BANK
                       ...       Respondent

2. AUTHORIZED OFFICER (DEPUTY GENERAL

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.DEVAPRASANTH.

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :03/04/2009

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

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            W.P.(C).No.8552 of 2009-L

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       Dated this the 3rd day of April, 2009.

                     JUDGMENT

1.The petitioners availed a facility from the first

respondent. That was not repaid. During the

financial year ending 31.3.2008, a notice under

Section 13(2) of the SARFAESI Act was issued on

27.2.2008. Since there was no repayment, on

25.11.2008, notice for sale was issued. One more

financial year has been pushed through and the

SARFAESI Act proceedings have not been completed.

2.Faced with the proceedings for sale, the

petitioners filed this writ petition. They were

given an interim order on 18.3.2009 to pay an

amount of Rs.3 lakhs to sustain an order of stay

as against the total outstandings which is

Rs.7,53,609/- as on 24.11.2008 and further

accruals thereon. The writ petitioners have not

WP(C)8552./2009 -: 2 :-

complied with that interim order.

Having examined the materials and having heard the

learned counsel for the petitioner, I do not find

any jurisdictional error or legal infirmity in the

impugned proceedings. The writ petition fails. The

same is accordingly dismissed.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/060409