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2010 Supreme(Online)(KER) 30692

HIGH COURT OF KERALA
J.CHELAMESWAR, CJ, P.R.RAMAN, J
KOLIKKAL GRANITE INDUSTRIES – Appellant
Versus
BRANCH MANAGER,CANARA BANK,SME BRANCH – Respondent


Advocates:
SRI.T.V.GEORGE, SRI.JIMMY GEORGE THADATHIL

JUDGMENT

J.Chelameswar, C.J.

This is an appeal by the partially successful petitioner in W.P.(C) No.30356 of 2009, aggrieved by the judgment dated 18th February, 2010, insofar as it went against him.

2. Briefly stated, the appellant borrowed certain amount from the first respondent Bank for the purpose of the business being carried on by the appellant. On the ground that the appellant defaulted in repayment of the borrowed amount, proceedings were initiated against the appellant under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002. Aggrieved by the same, the appellant approached this Court by the abovementioned writ petition.

3. By the judgment under appeal, the learned Judge disposed of the writ petition directing the appellant to pay the entire amount demanded by the respondents, i.e. an amount of Rs.42.19 lakhs, in instalments. The relevant portion of the judgment under appeal reads as follows:

“However, considering the entire aspects involved, this Court find it fit and proper that the loan amount could be settled on payment of Rs.42.19 lakhs in full and final settlement of the loan accounts. The petitioner is directed to p

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