SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Online)(KER) 43489

HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
VALSA K K – Appellant
Versus
HDFC LTD    Advocate - S AMBILY, ,S AMBILY,K K CHANDRAN PILLAI (SR – Respondent


J U D G M E N T

The petitioner has approached this Court challenging SARFAESI proceedings initiated by the first respondent on the ground that the claim against the second respondent is pending before the Lok Adalat. According to the petitioner, her husband died in an accident after he consumed acid instead of water. He had an insurance with the second respondent, but the second respondent did not pay the insurance amount on the ground that there was suppression of material facts as the deceased was suffering from diabetes, which was not disclosed at the time when the insurance policy was taken. This matter is under challenge before the Lok Adalat. In the meantime, the first respondent had taken steps for recovering the amount availed of by the petitioner as well as her husband by mortgaging the property. The request made by the petitioner is to stay the SARFAESI proceeding during the pendency of the matter before the Lok Adalat.

2. I do not think that this Court should interfere with the proceedings under the SARFAESI Act merely for the reason that a claim against the second respondent is pending before the Lok Adalat. There is no legal right available to the petitioner to seek suc

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top