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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
SOPHIE VINAY – Appellant
Versus
CANARA BANK – Respondent
| Table of Content |
|---|
| 1. details of loan and npa status (Para 2) |
| 2. reliefs sought by appellant in w.p. (Para 4) |
| 3. arguments regarding sale and statutory violations (Para 11 , 12) |
| 4. writ jurisdiction and availability of alternative remedies (Para 14 , 15 , 19) |
| 5. court's dismissal of the writ appeal (Para 21 , 23) |
JUDGMENT
Muralee Krishna S., J.
The petitioner in W.P.(C)No.29621 of 2006 has filed this writ appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 16.10.2008 passed by the learned Single Judge in that writ petition.
2. The appellant-writ petitioner is the daughter of Smt. Stella Joseph, one of the guarantors, who had mortgaged her property to secure the loan facility granted by the 1st respondent bank to one M/s. Surya Sea Products. When the loan availed by M/s. Surya Sea Products became a Non-Performing Asset (‘NPA’ for short), and the bank proceeded against the property of the guarantor, Smt. Stella Joseph under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (‘SARFAESI’ Act for short). Ext.P1 produced in the writ petition is a copy of the notice dated 21.02.2006
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