M/S Ukkens Paints And Colours, Xiv/579 vs South Indian Bank Ltd
2024 Latest Caselaw 32094 Ker

Kerala High Court

M/S Ukkens Paints And Colours, Xiv/579 vs South Indian Bank Ltd on 7 November, 2024

WA NO. 1762 OF 2024
                                        1


                                                             2024:KER:85161
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

              THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                        &

                      THE HONOURABLE MR. JUSTICE S.MANU

         THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                             WA NO. 1762 OF 2024

         AGAINST THE JUDGMENT DATED 14.10.2024 IN WP(C) NO.32797 OF 2024 OF

                            HIGH COURT OF KERALA


APPELLANT/PETITIONER:
            M/S UKKENS PAINTS AND COLOURS, XIV/579,
            UKKENS SHOPPING COMPLEX, MAIN ROAD, CHALAKUDY, THRISSUR -
            REPRESENTED BY ITS PROPRIETOR MARTIN M V, PIN - 680307


             BY ADVS.
             BIJU ABRAHAM
             ASHWINI VENUGOPAL
             BALAKRISHNAN M.
             CHANDRAKANTH K. ULLAS
             K.M.MUHAMMED HUSSAIN
             STEPHY THOMAS




RESPONDENTS/RESPONDENTS:

     1       SOUTH INDIAN BANK LTD,
             REGIONAL OFFICE IRINJALAKUDA, VI/950-B, CHRIST NAGAR,AKP
             JUNCTION, IRINJALAKUDA NORTH, THRISSUR, REPRESENTED BY ITS
             AUTHORIZED OFFICER, PIN - 680125

     2       SOUTH INDIAN BANK LTD, CHALKKUDY MAIN BRANCH,
             KSRTC BUS STAND ROAD, CHALAKKUDY,THRISSUR DISTRICT,REPRESENTED
             BY ITS BRANCH MANAGER, PIN - 680307



OTHER PRESENT:

             BIJU ABRAHAM
             SRI MOHAN JACOB GEORGE, SC


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.11.2024, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1762 OF 2024
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                                                                2024:KER:85161


                                   JUDGMENT

NITIN JAMDAR, C.J.

Heard Mr.Biju Abraham, learned counsel for the Appellant and Mr.Mohan Jacob George, learned Standing Counsel for the Respondent - Bank.

2. The law regarding non-interference in writ jurisdiction matters under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) has been reiterated time and again by the Hon'ble Supreme Court. Despite this, on equitable considerations, the learned Single Judge has extended indulgence. No further indulgence is warranted.

3. Therefore, it is open to the Appellant to approach the Debts Recovery Tribunal for further reliefs.

4. The appeal is disposed of accordingly.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S.MANU JUDGE rp WA NO. 1762 OF 2024

2024:KER:85161

PETITIONER ANNEXURES

Annexure 1 A TRUE COPY OF THE OBJECTION FILED BY THE APPELLANT DATED 22-10-2024 WITH CALCULATION STATEMENT TO THE RESPONDENTS