Aisha Sudheer vs Authorised Officer Under ...
2021 Latest Caselaw 1831 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                       WP(C).No.1265 OF 2021(G)


PETITIONER:

               AISHA SUDHEER,
               AGED 38 YEARS,
               WIFE OF LATE SUDHEER T. S,
               VI/135, THACHAVALLATH HOUSE,
               ELOOKKARA,
               MUPPATHADAM P. O,
               ALUVA - 683 110.

               BY ADVS.
               SRI. C.K KARUNAKARAN
               SRI. R. B BALACHANDRAN

RESPONDENTS:

      1        AUTHORISED OFFICER UNDER SARFAESI ACT,
               2002, SHRI. MANOJ KUMAR,
               BAJAJ FINANCE LTD,
               3RD FLOOR AND 6TH FLOOR,
               DD TRADE TOWERS,
               KALOOR - KADAVANTHRA ROAD,
               KALOOR, COCHIN - 682 017.

      2        AUTHORISED OFFICER UNDER SARFAESI ACT,
               2002, SHRI. MOHIT SHARMA,
               BAJAJ FINANCE LTD.,
               CORPORATE OFFICE EXTN,
               3RD FLOOR,
               PANCHSHIL TECH PARK,
               VIMAN NAGAR,
               PUNE - 411 014.

      3        AUTHORISED OFFICER UNDER SARFAESI ACT,
               2002, SHRI. VINAY SOBTI,
               BAJAJ FINANCE LTD.,
               10TH FLOOR,
               AGARWAL METRO HEIGHTS,
               NETAJI SUBHASH PLACE,
               PITAMPURA,
               NEW DELHI - 110 034.
 WP(C).No.1265 OF 2021

                               2

      4      BAJAJ FINANCE LTD.,
             REGISTERED OFFICE,
             MUMBAI - PUNE ROAD,
             AKRUDI, PUNE,
             MAHARASHTRA - 411 035.


             SRI. PRADEESH CHACKO, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1265 OF 2021

                                    3




                              JUDGMENT

Dated this the 18th day of January 2021

Heard both sides.

2. The possession notice at Ext.P18 challenged in the

instant petition.

3. The learned counsel appearing for respondents on

instruction submits that respondents have withdrawn the

possession notice at Ext.P18.

Accepting the statement made by the learned counsel for

respondents, it is noted that nothing as such survives in the

instant petition. The petition as such is disposed of in view of

statement made by the learned counsel for the respondents.

Sd/-

A.M.BADAR JUDGE

SPR WP(C).No.1265 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF STATEMENT OF ACCOUNT ISSUED BY M/S. BAJAJ FINSERV.

EXHIBIT P2 TRUE COPY OF LOAN RECALL NOTICE DATED 18.11.2019.

EXHIBIT P3 TRUE COPY OF LETTER OF ACCEPTANCE OF ARBITRATION DATED 12.12.2019.

EXHIBIT P3 A A TRUE COPY OF REFERENCE TO ARBITRATION DATED 11.12.2019.

EXHIBIT P4 TRUE COPY OF 1ST NOTICE OF ARBITRATION DATED 16.12.2019.

EXHIBIT P5 TRUE COPY OF PETITIONER'S OBJECTION DATED 14.01.2020 TO THE APPOINTMENT OF ARBITRATOR.

EXHIBIT P6 TRUE COPY PETITIONER'S LETTER DATED 07.02.2020 NOTICE OF REQUEST FOR ARBITRATION.

EXHIBIT P7 TRUE COPY OF BAJAJ FINSERV LETTER DATED 24.02.2020.

EXHIBIT P8 TRUE COPY OF NOTICE U/S. 13(2) DATED 30.12.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF NOTICE U/S 13(2) DATED 02.01.2020 (ISSUED BY THE 2ND RESPONDENT).

EXHIBIT P10 TRUE COPY OF PETITIONER'S OBJECTIONS DATED 09.03.2019 U/S.13(3A).

EXHIBIT P11 TRUE COPY OF PAPER PUBLICATION DATED 08.02.2020.

EXHIBIT P11 A LEGIBLE ENGLISH TRANSLATION OF EXHIBIT P11.

EXHIBIT P12 TRUE COPY OF NOTICE U/S. 13(2) DATED 23.07.2020 ISSUED BY THE 3RD RESPONDENT.

WP(C).No.1265 OF 2021

EXHIBIT P13 TRUE COPY OF PETITIONER'S OBJECTIONS DATED 28.09.2020 ISSUED U/S. 13(3A)

EXHIBIT P14 TRUE COPY OF NOTICE U/S. 13(2) DATED 18.08.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P14 A TRUE COPY OF POSTAL TRACKING RECORD SHOWING DELIVERY OF EXHIBIT 14 TO PETITIONER ON 29.09.2020.

EXHIBIT P15 TRUE COPY PETITIONER'S OBJECTION DATED 18.11.2020 TO EXHIBIT P14 UNDER S. 13(3A) ALONG WITH POSTAL TRACKING RECORD CONFIRMING DELIVERY TO 3RD RESPONDENT.

EXHIBIT P15 A TRUE COPY OF THE POSTAL TRACKING RECORD DATED 23.11.2020.

EXHIBIT P16 TRUE COPY OF MINISTRY OF FINANCE S.O.

2641(E) DATED 05.08.2016.

EXHIBIT P17 TRUE COPY OF MINISTRY OF FINANCE S.O.

856(E) DATED 24.02.2020.

EXHIBIT P18 TRUE COPY OF POSSESSION NOTICE DATED 28.12.2020 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL.