IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 15885 OF 2022
PETITIONER/S:
VINAYAN M.
AGED 58 YEARS
S/O KUNJAMBU, PULIKOTH HOUSE, MUNDIKAL THAZHAM,
KOTTAMPARAMBU P. O., KOZHIKODE (MCP) - 673 008.
BY ADV E.A.BIJUMON
RESPONDENT/S:
PUNJAB NATIONAL BANK
REPRESENTED BY THE AUTHORIZED OFFICER, CIRCLE SASTRA
CENTRE, SHATHABDI BHAVAN, MINI BY PASS ROAD, KOZHIKODE
- 673 016.
SRI. SANTHEEP ANKARATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15885 OF 2022 2
JUDGMENT
The petitioner has approached this Court with a grievance that Ext.P2 objection filed to Ext.P1 notice is not being considered despite the petitioner having a statutory right under the provisions of SARFAESI Act to file such objection.
2. Learned counsel for the petitioner submits that Ext.P1 notice though dated 29.12.2021, was actually handed over to the petitioner on 09.05.2022 and the petitioner was informed that possession will be taken on the next working day. It is submitted that therefore, the petitioner rushed to this Court after filing Ext.P2 objection.
3. Learned Standing Counsel appearing for the respondent bank submits that the possession has not been taken so far and that the bank will take a decision on Ext.P2 objection before proceeding with the action under the SARFAESI Act.
The said submission is recorded and the writ petition is closed .
sd/-
GOPINATH P.
JUDGE ajt WP(C) NO. 15885 OF 2022 3 APPENDIX OF WP(C) 15885/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SECTION 13(2) NOTICE DATED 29.12.2021.
Exhibit P2 TRUE COPY OF THE OBJECTION DATED 12.05.2022 UNDER SECTION 13(3A) OF THE SECURITIZATION ACT, 2002.