PRAVEEN SOMARAJAN Vs. CANARA BANK

JUDGEMENT

(1.) Being aggrieved by the judgment in W.P(C). No.27919 of 2020 dated 15.12.2020, instant writ appeal is filed. The judgment impugned in this appeal is extracted hereunder:

(2.) Though Mr.M.V. Thamban, learned counsel for the appellant, made submissions on the ground that due to lockdown and other restrictions imposed by the Government, there occurred default of payment after March, 2020, we are not inclined to interfere with the impugned judgment for the reason that going through the material on record, it could be seen that overdraft facility was availed in the year 2016, by mortgaging scheduled properties, and possession notice dated 13.11.2020 was issued under Section 13(4) of the SARFAESI Act, 2002.

(3.) Further, going through the impugned judgment, it could be deduced that despite judgments of Hon'ble Supreme Court on the maintainability of Writ Petition against the proceedings initiated under SAFAESI Act, 2002, writ court has granted indulgence in payment of balance amount in ten equal and successive monthly installments commencing from 06.01.2021.