IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S.
Somarajan Nair K.R. S/o Raghavan Nair – Appellant
Versus
Authorized Officer Kerala State Co-Operative Bank Ltd. – Respondent
JUDGMENT :
Muralee Krishna S., J.
1. This writ appeal is filed under Section 5(i) of the KERALA HIGH COURT ACT , 1958, by the petitioners in W.P.(C)No.4550 of 2024, dissatisfied by the judgment dated 27.11.2024, passed in that writ petition, whereby, the learned Single Judge disposed of the writ petition with a direction to the appellants to pay an amount of Rs.4,00,000/- to the Bank on or before 20.01.2025 and further directing that if the appellants make the payment as directed, both the loan accounts of the appellants shall be closed and the Bank shall issue No Due Certificate to the appellants and will hand over the title documents of secured assets.
2. According to the appellants, the 1st appellant is engaged in the business of selling pooja items, and the 2nd appellant is a Government Employee, who is working as Librarian at Ayurveda College, Kannur. The 1st appellant availed a loan of Rs.9,75,000/- and the 2nd appellant availed an overdraft facility loan, renewable every year, of Rs.16,00,000/- from the Kerala State Co-operative Bank Ltd., Pallickathodu Branch in the year 2016 for the purpose of development of business and construction of their house. The 1st appellant is the g
Authorized Officer, State Bank of Travancore and Another v. Mathew K.C.
PHR Invent Educational Society v. UCO Bank
Statutory remedies under SARFAESI Act must be exhausted before seeking writ relief, particularly regarding recovery proceedings, emphasizing compliance with all repayment conditions.
The court determined that writ jurisdiction should not be invoked in loan recovery matters when statutory remedies under the SARFAESI Act are available, reaffirming the priority of legislative proces....
The High Court should not interfere with SARFAESI Act proceedings when effective statutory remedies are available, emphasizing the importance of adhering to legislative intent.
Writ petitions challenging SARFAESI actions are maintainable only when alternative remedies are exhausted, emphasizing the importance of valid security interests.
Writ petitions challenging actions under the SARFAESI Act are not maintainable unless exceptional circumstances exist, and parties must exhaust statutory remedies available under the Act.
The High Court affirmed that the adequate remedy under the SARFAESI Act must be pursued before seeking judicial intervention, emphasizing the importance of exhausting statutory options.
The High Court must not entertain writ petitions regarding SARFAESI actions without the petitioner first pursuing statutory remedies before the Debts Recovery Tribunal as mandated under the SARFAESI ....
The High Court will not entertain writ petitions against SARFAESI proceedings unless exceptional circumstances justify intervention, and parties must exhaust statutory remedies available for debt rec....
The High Court maintains a self-imposed restraint under Article 226 when alternative statutory remedies exist, especially in matters concerning the SARFAESI Act.
Parties must exhaust statutory remedies before invoking High Court's jurisdiction under Article 226 in SARFAESI Act cases.
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