IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21621 of 2010(C)
1. CHERIAN VARGHESE,
... Petitioner
Vs
1. RECOVERY OFFICER, DEBTS RECOVERY
... Respondent
2. GEORGE KOSHY,S/O.K.G.KOCHUKOSHY,
3. STATE BANK OF TRAVANCORE, PANDALAM
For Petitioner :SRI.PHILIP M.VARUGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :13/07/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 21621 OF 2010
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Dated this the 13th July , 2010
J U D G M E N T
The petitioner is challenging the correctness and
sustainability of the sale conducted by the concerned respondent
for realisation of the amount stated as due under a loan
transaction. Many a ground has been raised in the Writ Petition
including the contention that the proceedings are barred by law
of limitation .
2. Heard the learned Standing Counsel for the Bank as
well.
3. Going by the materials on record, it is very much
clear that the impugned order, which has been passed by the first
respondent is appealable under the relevant provisions of law.
That apart, to substantiate the contentions raised by the
petitioner, it may be necessary to adduce evidence as well.
4. In the said circumstance, this Court does not find it as a
W.P.(C) No. 21621 OF 2010
2
fit case warranting interference, invoking the discretionary
jurisdiction under Article 226 of the Constitution of India.
Accordingly, interference is declined, however, without prejudice
to the rights of the petitioner to challenge the impugned order
by resorting to statutory remedy.
The Writ Petition is dismissed accordingly.
P.R. RAMACHANDRA MENON,
JUDGE.
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