Dr.A.M.Anvar vs Reserve Bank Of India
2021 Latest Caselaw 344 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                      WP(C).No.216 OF 2021(B)

PETITIONER:
              DR.A.M.ANVAR, AGED 51 YEARS
              S/O. AHAMED KUNJU LEEBA,
              RAHA AYURVEDA HOSPITAL,
              EDAPPALLY POST, KADAVIL LANE,
              ERNAKULAM - 682024.

              BY ADVS.
              SRI.RAMESH .P
              SRI.K.JAYASANKAR (KAPRASSERY)

RESPONDENTS:
       1     RESERVE BANK OF INDIA
             REPRESENTED BY GENERAL MANAGER,
             BAKERY JUNCTION, TRIVANDRUM, PIN - 695033.

      2       SOUTH INDIAN BANK, SIB HOUSE, T.B. ROAD, MISSION
              QUARTERS, THRISSUR, KERALA - 680001,
              REPRESENTED BY ITS MANAGER.

      3       THE AUTHORIZED OFFICER,(SECURITIZATION ACT),
              SOUTH INDIAN BANK, REGIONAL OFFICE, ERNAKULAM,
              SIB BUILDING, INFO PARK ROAD, RAJAGIRI VALLEY,
              KAKKANAD POST, KOCHI, ERNAKULAM - 682039.

      4       PUNARNAVA AYURVEDA HOSPITAL PRIVATE LTD,
              REG. OFFICE NO.3, RAMACHANDRA IYER STREET,
              T. NAGAR, CHENNAI, TAMIL NADU, 600017, (PRESENT
              ADDRESS, EDAPPALLY NORTH P.O, KOCHI, KERALA -
              682024), REPRESENTED BY ITS MANAGING DIRECTOR.

      5       DR. JASEELA ANVAR, AGED 48 YEARS
              S/O.T.K. BUKHARY, POOYAPPALLIL HOUSE,
              AMEBDHKAR ROAD, EDAPPALLY NORTH VILLAGE,
              ERNAKULAM - 682024.

      6       T.K. BUKHARY, AGED 79 YEARS
              S/O. KUNJUMUHAMMED, THAMARASSERY HOUSE,
              EDAPPALLY NORTH POST, ERNAKULAM-682024.

             SRI. SUNIL SHANKAR -SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 216/21
                                        2




                                   JUDGMENT

After arguing this matter for sometime,

Sri.Ramesh P. - learned counsel for the

petitioner, sought permission to withdraw this

writ petition with liberty to approach this

Court again, when confronted by Sri.Sunil

Shanker - learned Standing Counsel for the

respondent-Bank, that the prayers in this Writ

Petition are premature because the Bank has

not yet published the sale notice with respect

to the secured asset.

In the afore circumstances, this Writ

Petition will stand dismissed as withdrawn;

with liberty being granted to the petitioner

to approach this Court again, if so required

in future.

Sd/-

                                            DEVAN RAMACHANDRAN
      RR                                           JUDGE
 WPC 216/21


                           APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE NOTICE DATED 30.11.2020.

EXHIBIT P2 TRUE COPY OF THE POSSESSION NOTICE DATED 16.11.2020.

EXHIBIT P3 TRUE COPY OF THE POSSESSION NOTICE DATED 16.11.2020.

EXHIBIT P4 TRUE COPY OF THE POSSESSION NOTICE DATED 20.11.2020.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 17.12.2020 WITH THE COPY OF THE RESPONDENT DATED 17.12.2020 WITH THE COPY TO THE RESPONDENTS 1 AND 2.