Salim vs Authorised Officer on 24 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31699 of 2008(W)


1. SALIM, T.C. 5/1250 E-3, FABIA COTTAGE,
                      ...  Petitioner

                        Vs



1. AUTHORISED OFFICER, H.D.F.C. LTD,
                       ...       Respondent

2. MANAGER, H.D.F.C. LTD.

                For Petitioner  :SRI.M.R.SASITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :24/11/2008

 O R D E R
         Thottathil B. Radhakrishnan, J.
        ==================================
              W.P.(C)No.31699 of 2008
        ==================================
     Dated this the 24th day of November, 2008.


                     JUDGMENT

Petitioner availed a housing loan of Rs.9 lakhs

in May, 2006. He failed to repay the EMI’s and

accordingly faced proceedings under Section 13 of

the SARFAESI Act followed by action before the

Chief Judicial Magistrate under Section 14 of that

Act. There is no jurisdictional error or legal

infirmity in the impugned proceedings in as much as

the transaction and outstandings are not in

dispute. Petitioner also did not avail the

opportunity of deferring the recovery proceedings

on condition of deposit of a portion of the

outstandings. Writ petition fails. It is

accordingly dismissed.

                     Thottathil B.Radhakrishnan,
sl.                            Judge.