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2024 Supreme(Online)(KER) 40190

HIGH COURT OF KERALA
M/S VINTAJE PACKS – Appellant
Versus
THE STATE BANK OF INDIA – Respondent


JUDGMENT

Dated this the 22nd day of October, 2024 The present Writ Petition has been filed seeking the following prayers:

i) A writ of mandamus or any other appropriate writ or order directing the respondents to permit the petitioner to clear the overdue amount in 12 equal monthly installments and a further direction to the respondents to keep all further proceedings under The SARFAESI Act in abeyance until such time.

ii) A writ of mandamus or any other appropriate writ or order directing the respondents to permit petitioner to regularize the loan accounts by way of clearing the overdue in 12 monthly installments.

iii) Any other appropriate writ order or direction as the Hon’ble Court may be pleased to grant in the circumstances of the case.

2. The writ petition is not maintainable against the SARFAESI proceedings undertaken by the financial institution to realize its outstanding dues.

In view of the order passed in I.A No.2 of 2024, the present writ petition is dismissed, leaving it open to the petitioner to take recourse to any other remedy as may be available to the petitioner.

Sd/-

D. K.SINGH JUDGE AP APPENDIX OF WP(C) 19339/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIF

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