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2021 Supreme(Online)(KER) 5051

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
RADHAKRISHNAN MULLATH, – Appellant
Versus
UNION OF INDIA, – Respondent


Advocates:
V.JOHN MANI, S.JAYANT JACKSON, JOHNY VARGHESE, SABU K.K.SETHULAKSHMI, GAYATHRI MENON

JUDGMENT

Dated this the 22nd day of July, 2021 SHAJI P.CHALY,J This appeal is preferred by the petitioners in the writ petition, challenging the judgment of the learned Single Judge dated 21.6.2021 in W.P.(C) No.12041/2021, whereby the learned Single Judge dismissed the writ petition declining the reliefs sought for by the petitioners under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 . The learned Single Judge after assimilating the factual and legal situations permitted the petitioners to clear off the liability of an amount of Rs.5,46,25,726/-(Rupees Five Crores forty six thousand twenty five thousand seven hundred and twenty six only) in eight successive monthly installments commencing from 21.7.2021 and if the petitioners are complying with the directions, the respondent bank was directed to keep the coercive action initiated against the petitioners in abeyance, with a further rider that the respondents would be at liberty to continue the action under the SARFAESI Act, if a single installment is defaulted.

2. The contention advanced by the appellants in the appeal is that appellants wanted to clear of onl

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