IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C) No. 4066 of 2008(H) 1. DANIEL V.GEORGE, ... Petitioner 2. ROSAMMA DANIEL, Vs 1. CHIEF MANAGER, ... Respondent 2. BRANCH MANAGER, 3. ASSISTANT GENERAL MANAGER, 4. GENERAL MANAGER (OPERATION), For Petitioner :SRI.N.K.MOHANLAL For Respondent :SRI.R.S.KALKURA The Hon'ble MR. Justice ANTONY DOMINIC Dated :11/03/2008 O R D E R ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 4066 OF 2008 - H = = = = = = = = = = = = = = Dated this the 11th March, 2008 J U D G M E N T
In this writ petition filed challenging the proceedings initiated
under the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002, the petitioners had
availed of four loans from the respondent bank. Default was
committed and the fact of default is not in dispute. According to
the bank the liability as on 31.3.2007 comes to Rs. 33,27,884/-. It
is stated that the bank has completed all formalities and has also
obtained an order under Section 14 of the Act. Presently, the bank
has proposed to take actual possession of the premises. At that
stage this writ petition has been filed by the petitioner.
2. Counsel for the petitioners would contend that the
petitioners were running a business and that movable items worth
crores of rupees are available in the mortgaged premises, which he
wanted to remove to raise funds for liquidating the liability. When
W.P.(C) No. 4066 OF 2008
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this submission was made by the counsel, it was made clear on
behalf of the respondent bank that they have no objection in the
petitioners removing the same at their own expenditure.
Recording the submission so made by the counsel for the
bank this writ petition is disposed of.
ANTONY DOMINIC
JUDGE
jan/-