Noushad Khan A vs India Bulls Houseing Finance Ltd

Citation : 2022 Latest Caselaw 7195 Ker
Judgement Date : 23 June, 2022

Kerala High Court
Noushad Khan A vs India Bulls Houseing Finance Ltd on 23 June, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        WP(C) NO. 15521 OF 2021
PETITIONER/S:

            NOUSHAD KHAN A
            AGED 57 YEARS
            S/O. ABDUL SAMAD, FLAT NO. 7A, MANSION SANSKRITHI
            APARTMENT, KOWDIAR, TRIVANDURM - 695003.
            BY ADVS.
            NAGARAJ NARAYANAN
            SAIJO HASSAN
            BENOJ C AUGUSTIN
            RAFEEK. V.K.
            U.M.HASSAN
            P.PARVATHY
            S.SETHU LEKSHMI
            AATHIRA SUNNY
            MANAS P HAMEED
            ELDHO.N.MONCY


RESPONDENT/S:

    1       INDIA BULLS HOUSEING FINANCE LTD
            REPRESENTED BY ITS AREA COLLECTION MANAGER, 3RD FLOOR,
            TRUST PHARMA BUILDING, KAYYATH LANE, PALARIVATTOM P.O,
            KOCHI - 682025.
    2       JAGADEESH V. N.
            FLAT NO. 14 A, ARTECH LAKE VIEW APARTMENTS, AKKULAM,
            NEAR PERFECT HONDA, VENPALAVATTOM,
            THIRUVANANTHAPURAM - 695031.
    3       LAKSHMY @ LAKSHMI REGUNATHAN
            FLAT NO. 14 A, ARTECH LAKE VIEW APARTMENTS, AKKULAM,
            NEAR PERFECT HONDA, VENPALAVATTOM,
            THIRUVANANTHAPURAM - 695031.
            BY ADVS.
            MADHU RADHAKRISHNAN
            MANU.G.RAJAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15521 OF 2021               2



                                JUDGMENT

When this matter is taken up for consideration today, learned counsel appearing for the petitioner seeks permission to withdraw the writ petition. The writ petition is accordingly dismissed as withdrawn.

sd/-

GOPINATH P.

JUDGE ajt WP(C) NO. 15521 OF 2021 3 APPENDIX OF WP(C) 15521/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF APPOINTMENT OF GUARDIANSHIP ISSUED BY THE NATIONAL TRUST (MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT GOVT.OF INDIA), DATED 28.04.2014. Exhibit P2 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 28.01.2017.

Exhibit P3 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 02.07.2021.

Exhibit P4 TRUE COPY OF THE SECTION 14 PETITION FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT AS MC.NO. 108/2021.

Exhibit P5 TRUE COPY OF THE DRIVING LICENSE Exhibit P6 TRUE COPY OF THE RECEIPT OF MAINTENANCE FEES PAID BY THE PETITIONER TO THE SANSKRITHI APARTMENT OWNERS ASSOCIATION, Exhibit P7 TRUE COPY OF THE SECURITIZATION APPLICATION BEFORE THE DEBT RECOVERY TRIBUNAL -II, ERNAKULAM.

Exhibit P8 TRUE COPY OF THE INTERLOCUTORY APPLICATION IN THE SECURITIZATION APPLICATION.