ROY VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners have approached this Court with the following prayers:

(2.) THE learned counsel for the petitioners submits that the petitioners have approached this Court mainly challenging Ext. P12 order passed by the concerned Chief Judicial Magistrate in a proceeding filed under Section 14 of the SARFAESI Act. It is stated that the Bank is not justified in effecting SARFAESI proceedings in so far as the property concerned is an 'agricultural land', which is clearly exempted by virtue of the mandate under Section 31(i) of the SARFAESI Act.

(3.) WHEN the matter came up for consideration before this Court on 29.04.2014, the writ petition was admitted, also granting an interim order. The said order was being extended from time to time and lastly on 10.10.2014, on condition that, the petitioners satisfied a sum of 10 lakhs within two weeks. Admittedly, the condition stands not satisfied by the petitioners. An I.A. has been filed seeking to recall/review the condition imposed by this Court.