IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 4013 OF 2022
PETITIONER/S:
1 VIPIN M.S
AGED 40 YEARS,S/O.K.MOHANAN NAIR,TC 3 OF 536 ,ROHINI
NIVAS ,MUTTADA
THIRUVANANTHAPURAM KERALA 695025
C/O MS ELECTRICALS TC 4 OF 2614
KARAD 6, MARKET JUNCTION KURAVANKONAM
THIRUVANANTHAPURAM, PIN - 695025
2 NIRMA C NAIR,
AGED 36 YEARS, W/O.VIPIN M.S.,TC 3/536(1) ,ROHINI NIVAS
MUTTADA PO,THIRUVANANTHAPURAM KERALA 695025
BY ADVS.
T.K.RAJESHKUMAR
ASWIN K.R.
MATHEWS BENNY
APARNA SOMARAJAN
T.N.BINDU
RESPONDENT/S:
1 INDIA BULLS HOUSING FINANCE LIMITED, REPRESENTED BY ITS
MANAGER, 11/36-2,SAI KRISHNA BUILDING
PMG JUNCTION,PATTOM ROAD
THIRUVANANTHAPURAM KERALA 695025
2 AUTHORISED OFFICER
INDIA BULLS HOUSING FINANCE LIMITED
11/36-2 SAI KRISHNA BUILDING,PMG JUNCTION PATTOM ROAD
THIRUVANANTHAPURAM KERALA -695004
BY ADVS.
MADHU RADHAKRISHNAN ,SC
NELSON JOSEPH
M.D.JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).4013/22 2
JUDGMENT
When this matter is taken up for consideration today, it is submitted by the learned Standing Counsel appearing for the respondent bank that the possession notice, which was the subject matter of the writ petition, has been withdrawn by the bank. He states that nothing further survives for consideration in this writ petition.
2. Being convinced that nothing survives for consideration in this writ petition presently, the writ petition is closed making it clear that all the contentions taken by the petitioners are left open for adjudication in appropriate proceedings.
The writ petition is closed accordingly.
Sd/-
GOPINATH P.
JUDGE okb/9.6.22 //Truecopy// PStoJudge W.P(C).4013/22 3 APPENDIX OF WP(C) 4013/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE 13(2) NOTICE SERVED TO THE PETITIONER BY THE RESPONDENT BANK DATED 09.09.2021.
Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNTS SHOWING THE ABOVE PAYMENT FROM 30/06/2013 TO 22/09/2021 OF THE BUSINESS ACCOUNT OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE AFFIXED BY THE RESPONDENT BANK DATED 28/01/2022. Exhibit P4 TRUE COPY OF THE JUDGMENT IN SUO MOTO PROCEEDINGS IN WP(C) NO.11316 OF 2021.