IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 24426 OF 2021
PETITIONERS:
1 PRAJITH BUILDERS & DEVELOPERS
REP.BY MANAGING DIRECTOR
MR. PRAJITH CM, ROOM NO.17/1168, HAPPY BUILDING,
NEAR SABHA SCHOOL, PUTHIYARA, KOZHIKODE - 673 004.
2 MR.PRAJITH C. M. , S/O. RAMACHANDRAN,
CHELLAPARAMEETHAL, IRINGALLUR,
GURUVAYURAPPAN COLLEGE P. O.,
KOZHIKODE - 673 014.
3 PRAMEELA C. M. , W/O. RAMACHANDRAN,
CHELLAPARAMEETHAL, IRINGALLUR,
GURUVAYURAPPAN COLLEGE P. O., KOZHIKODE - 673 014.
4 PRAVEEN CM, S/O. RAMACHANDRAN, CHELLAPARA MEETHAL,
IRINGALLUR, GURUVAYURAPPAN COLLEGE P. O.,
KOZHIKODE - 673 014.
5 PRAVEESH C. M. , S/O. RAMACHANDRAN, CHITHRAM,
NEAR IRINGALLUR SERVICE CO-OPERATIVE BANK,
GURUVAYURAPPAN COLLEGE P. O., KOZHIKODE - 673 014.
6 BLUMONDA FURNITURE
REPRESNETED BY PRAVEESH C. M., ROOM NO.17/1168,
HAPPY BUILDINGS, PUTHIYRRA, ERANGALOOR P. O.,
KOZHIKODE - 673014.
BY ADVS.
NIRMAL.S
VEENA HARI
RIA ELIZABETH JOSEPH
WP(C) No.24426 of 2021
2
IRENE ELZA SOJI
K. REMIYA RAMACHANDRAN
RESPONDENTS:
1 KERALA GRAMIN BANK, REP. BY ITS MANAGER,
MANKAV BRANCH,
MANKAV P. O., KOZHIKODE - 673 007.
2 ADDL R2 AUTHORIZED OFFICER, KERALA GRAMIN BANK,
MANKAV BRANCH, MANKAV P.O, KOZHIKODE-673 007, IS
IMPLEADED AS ADDL R2 VIDE ORDER DATED 08-11-2021 IN IA
1/2021 IN WP(C) 24426/2021
BY ADV JAWAHAR JOSE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.24426 of 2021
3
JUDGMENT
When this matter is taken up for consideration today, it is submitted by the learned Standing Counsel for the respondent bank that Ext.P1 demand notice, which is the subject matter of the writ petition has been withdrawn by the bank on account of some technical defects and a fresh demand notice has subsequently been issued on 27.01.2022.
2. The learned counsel for the petitioner submits that a fresh writ petition is being filed in respect of the fresh demand notice issued by the bank.
In that view of the matter, nothing survives for adjudication in this writ petition. Hence it is closed leaving open the right of the petitioner to take all contentions against the fresh demand notice in any subsequent proceedings.
Sd/-
GOPINATH P.
JUDGE spk WP(C) No.24426 of 2021 4 APPENDIX OF WP(C) 24426/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 31.08.2021 ISSUED TO THE 5TH PETITIONER.
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 21.10.2021 ISSUED AS PER SECTION 13(2) SARFAESI ACT 2002.
Exhibit P3 TRUE COPY OF THE CIRCULAR NO.201/2021/REVENUE OF THE KERALA GOVERNMENT DATED 22.10.2021.
RESPONDENT'S/S EXHIBITS : NIL