High Court Kerala High Court

Gasper.P.Sebastian vs Authorised Officer/Chief … on 30 September, 2008

Kerala High Court
Gasper.P.Sebastian vs Authorised Officer/Chief … on 30 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28214 of 2008(H)


1. GASPER.P.SEBASTIAN, PALLIPARAMBIL HOUSE,
                      ...  Petitioner

                        Vs



1. AUTHORISED OFFICER/CHIEF MANAGER,
                       ...       Respondent

2. MANAGER, INDIAN BANK,

                For Petitioner  :SRI.M.R.SASITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :30/09/2008

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

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          W.P.(C).No.28214 of 2008-H

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   Dated this the 30th day of September, 2008.

                   JUDGMENT

The petitioner availed a facility from the second

respondent and defaulted in repayment. This led

to recovery proceedings under the SARFAESI Act.

Following the interim order passed on 23-9-208,

petitioner has paid an amount of Rs.45,000/-

instead of Rs.50,000/- fixed in that order. Be

that as it may, having found that there is no

jurisdictional error or legal infirmity in the

impugned proceedings, the petitioner through his

learned counsel gives up all contentions and also

the right to seek other remedies, including from

the DRT under the SARFAESI Act and prays that he

may be given an opportunity to pay the

outstandings in instalments.

Having regard to the total remaining outstandings

WP(C)28214/08 -: 2 :-

for recovery, this writ petition is ordered

directing that if the petitioner remits the

entire outstandings in five equal monthly

instalments payable on or before the last

working day of every month commencing from

October, 2008 and thereby pays off the entire

outstandings by the end of February, 2009, the

impugned distress action will be held back and

ultimately dropped. If there is default in

remitting any of the instalments as aforesaid,

the benefits of this judgment will stand

recalled and the writ petition will stand

dismissed automatically enabling the respondents

to forthwith proceed with further distress

action without further notice to the petitioner.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/031008