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Unnikrishnan Nair G

High Court Of Kerala|29 October, 2014
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JUDGMENT / ORDER

Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner. This writ petition is filed against the judgment dated 29.9.2014 passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petition filed by the petitioner. 2. By the writ petition, the petitioner has prayed for a direction to revise Ext.P5 Statement of Accounts. SARFAESI proceedings initiated against the petitioner, against which he filed writ petition No.19591 of 2014 which was disposed of permitting the petitioner to clear the liability by ten equal monthly instalments. The Bank was directed to provide proper statement of accounts. Pursuant to the judgment, the bank provided Ext.P5 Statement of Accounts which shows that the total due was a sum of more than Rupees nine lakhs. The writ petitioner represented against the said statement and filed writ petition, which has been dismissed by the learned Single Judge observing that if the WA. No.1513/14 2 petitioner wanted to dispute the actual extent of liability, it cannot be done in this proceedings.
3. We do not find any error in the judgment of learned Single Judge. If the petitioner wants to dispute the liability or to challenge any of the measures taken by the Bank under Clause 13(4) of the SARFAESI Act, 2002, since, 1.10.2014 was the date for taking possession, the petitioner can avail the remedy under section 17 of the Act.
With this observation, the writ petition is dismissed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.
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Title

Unnikrishnan Nair G

Court

High Court Of Kerala

JudgmentDate
29 October, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri
  • R Pushpangathan Pillai