ARCHANA. N. Vs. PATHANAMTHITTA DISTRICT CO-OPERATIVE,

JUDGEMENT

(1.) AGGRIEVED by judgment dated 31st March, 2009 in W.P.(C) No. 10005 of 2009 the Petitioner therein preferred the instant writ appeal.

(2.) THE first Respondent Bank advanced some money to the erstwhile husband of the Appellant herein against the security of certain property. A mortgage was created by the husband of the Appellant towards the security of the above mentioned loan.

(3.) IN the meanwhile the above mentioned mortgage was created against the property on 21.8.2001. As eventually the borrower failed to repay the debt, the first Respondent invoked the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and proposed to bring the property in question to sale towards the amount due to the Bank. Therefore, the Appellant approached this Court by way of the writ petition out of which the instant appeal arises with the prayers as follows: