Sijo vs The Authorized Officer
2021 Latest Caselaw 22741 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

        FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943

                            WP(C) NO. 3143 OF 2021

PETITIONER:

              SIJO,
              AGED 45 YEARS,
              S/O.RAPHEL, THANIPPILLY HOUSE,
              MALA, PALLIPPURAM PO, THRISSUR 680 732.

              BY ADVS.
              SADCHITH.P.KURUP
              SRI.VINOD JABAR
              SRI.C.P.ANIL RAJ


RESPONDENT:

              THE AUTHORIZED OFFICER
              IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD. NO.55,
              HEAD OFFICE, TANA SOUTH, IRINJALAKKUDA 680 121.

              BY ADV SRI.DEVAPRASANTH.P.J.



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3143 OF 2021
                                              2



                              BECHU KURIAN THOMAS, J
                         ==========================
                             W.P.(C) No.3143 of 2021
                          ---------------------------------------
                    Dated this the 19 th day of November, 2021

                                     JUDGMENT

Though petitioner is seeking for regularisation of the loan

account, the security interest created by the petitioner was

subjected to a sale on 26.03.2021 and the Bank bought the

property in auction. In view of the above, the security

interest has changed its character to a non banking asset.

2. Since sale of the security interest has taken place, it is clear

that nothing further survives to be considered in this writ

petition. However, petitioner is given liberty to approach

the Bank for appropriate settlement and if a suitable

proposal is furnished by the petitioner, the same shall be

considered with all earnestness, in accordance with law.

With the above observations, this writ petition is disposed

of.

Sd/-

BECHU KURIAN THOMAS JUDGE

AMV/20/11//2021 WP(C) NO. 3143 OF 2021

APPENDIX OF WP(C) 3143/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF POSSESSION NOTICE DATED 12.1.2021 ISSUED TO THE PETITIONER.

EXHIBIT P2 COPY OF SALE NOTICE DATED 27.1.2021 ISSUED TO THE PETITIONER.

EXHIBIT P3 COPY OF ORDER DATED 3.8.2020 PASSED BY THIS HON'BLE COURT IN WP(C) NO.9400/2020.

EXHIBIT P4 COPY OF ORDER DATED 7.9.2020 PASSED BY THIS HON'BLE COURT IN WP(C) NO.9400/2020.

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE