A2Z Sanitary Wares vs Kotak Mahindra Bank Ltd
2021 Latest Caselaw 2212 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE MR. JUSTICE A.M.BADAR

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                          WP(C).No.28647 OF 2020(E)


PETITIONERS:

      1        A2Z SANITARY WARES
               P.T.USHA ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGING
               PARTNER E.A HOSE, AGED 64, S/O. MR.SOLAMAN, ERESSERIL
               HOUSE, KATHRIKADAVU, KALOOR,KOCHI-682 017

      2        E.S.JOSE
               AGED 64 YEARS
               S/O. MR.SOLAMAN, A2Z SANITARY WARES AND TILES,
               P.T.USHA ROAD, ERNAKULAM-682 011

               BY ADVS.
               SRI.T.K.RADHAKRISHNAN
               SMT.S.SREEDEVI(ALP)
               SRI.T.R.HARI KRISHNAN

RESPONDENT:

               KOTAK MAHINDRA BANK LTD
               5TH FLOOR, KOTAK INFINITES, BUILDING NO.2, INFINITY
               PARK, OFF WESTERN EXPRESS HIGHWAY, GENERAL A.K. VIDYA
               MARG, MALAD EAST, MUMBAI-400 097, REPRESENTED BY ITS
               GENERAL MANAGER CREDIT

               R1   BY   ADV.   SRI.PHILIP T.VARGHESE
               R1   BY   ADV.   SRI.THOMAS T.VARGHESE
               R1   BY   ADV.   SMT.ACHU SUBHA ABRAHAM
               R1   BY   ADV.   SMT.V.T.LITHA
               R1   BY   ADV.   SMT.K.R.MONISHA
               R1   BY   ADV.   SMT.SHRUTHI SARA JACOB

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28647 OF 2020(E)

                                   2

                             JUDGMENT

Dated this the 20th day of January 2021

Learned counsel for the petitioner submits that a substantial part

of the amount of loan has already been deposited. Upon that, the

learned counsel for the respondent submits that the respondent-Bank

has already withdrawn the impugned notice at Exts.P3 and P3(a).

In this view of the matter, the purpose of the petition does not

survive. The petition is accordingly closed.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.28647 OF 2020(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF LETTER DATED 01.07.2020 ISSUED TO THE RESPONDENT

EXHIBIT P2 THE COPY OF NOTICE DATED 5.9.2020 UNDER SARFESI ACT ISSUED BY THE RESPONDENT

EXHIBIT P2A THE COPY OF NOTICE DATED 5.9.2020 UNDER SARFESI ACT ISSUED BY THE RESPONDENT

EXHIBIT P3 THE COPY OF POSSESSION NOTICE DATED 14.12.2020 ISSUED BY THE RESPONDENT

EXHIBIT P3A THE COPY OF POSSESSION NOTICE DATED 14.12.2020 ISSUED BY THE RESPONDENT

EXHIBIT P3A THE COPY OF POSSESSION NOTICE DATED 14.12.2020 ISSUED BY THE RESPONDENT

EXHIBIT P4 THE COPY OF LETTER DATED 10.11.2020 ISSUED TO THE RESPONDENT