High Court Kerala High Court

S.Mohan vs The State Bank Of India on 11 February, 2008

Kerala High Court
S.Mohan vs The State Bank Of India on 11 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8800 of 2007(V)


1. S.MOHAN, S/O V.SREEDHARAN,
                      ...  Petitioner
2. MR. SHEELA MOHAN, W/O S.MOHAN,

                        Vs



1. THE STATE BANK OF INDIA,
                       ...       Respondent

                For Petitioner  :SRI.GOVIND K.BHARATHAN

                For Respondent  :SRI.R.S.KALKURA

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/02/2008

 O R D E R
                               ANTONY DOMINIC, J.

                ------------------------------------

                             W.P.(C) 8800  of  2007

                -------------------------------------

                           Dated: February 11, 2008



                                     JUDGMENT

In this writ petition filed challenging the proceedings initiated

under the Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002, conditional interim

orders were passed and it is not in dispute that none of those

orders have been complied with even as on today. By the order dt.

14.1.2008 the Bank was permitted to take symbolic possession and

four weeks time also was granted to the petitioners to vacate. Even

today the position remains that no payment has been made. In

view of this I do not think that there is any scope for showing

further leniency to the petitioners. On merits also I do not find that

there is any substance in the challenge raised against the

proceedings by the bank. The petitioners being confessed

defaulters, the bank cannot be faulted for the action it has taken.

Writ petition has only to be dismissed and I do so.

ANTONY DOMINIC, JUDGE

mt/-