IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28630 of 2008(G)
1. VINI ,D/O LATE M.L. ANTO,
... Petitioner
Vs
1. DHANALAKSHMI BANK LTD.,
... Respondent
2. LEELA ANTO, W/O LATE M.L. ANTO,
For Petitioner :SRI.JEEMON K.ABRAHAM
For Respondent :SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :06/10/2008
O R D E R
Thottathil B. Radhakrishnan, J.
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W.P.(C)No.28630 of 2008-G
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Dated this the 6th day of October, 2008.
JUDGMENT
The petitioner faces distress action under the
SARFAESI Act on account of failure in repaying a
loan availed. The proceedings have reached the
stage where an order under Section 14 of that Act
has been issued by the competent magistrate. The
plea is that after the death of M.L.Anto, who,
along with the second respondent availed the
facility, died on 10-8-2006, the petitioner,
daughter of late Anto, was not brought on record.
The second respondent, his widow, being on array,
there is no reason why the proceedings could not
have gone through. The said Anto was a co-obligant
towards the facility availed by one Siby Mathew.
Having regard to the fact that there is no
jurisdictional error or legal infirmity in the
impugned proceedings, I do not find any ground to
WPC28630/08
-:2:-
interfere with that.
Following the interim order on 25-9-2008, the
petitioner has deposited an amount of Rs.5 lakhs.
Having heard the learned counsel for parties,
rejecting all contentions and precluding the
petitioner from moving the DRT or any other
authority as regards the impugned proceedings, this
writ petition is ordered directing that the
petitioner will be given two months’ time to
liquidate the outstandings and if the petitioner
seeks for any slashing of the total outstandings,
the bank will consider such request in terms of its
policies and the law.
Thottathil B.Radhakrishnan,
Judge.
sl.