Kerala High Court
K.V.Lalitha vs The Canara Bank on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 22183 OF 2021
PETITIONER:
K.V.LALITHA,
AGED 65 YEARS
W/O.K.T.SOMASEKARAN(LATE),
RESIDING AT LALITHA NIVAS,
KAITHASOUTH,
CHETTIKULANGARA,
MAVELIKKARA,
ALAPPUZHA DISTRICT,
KERALA-690 514.
BY ADVS.
RAMAKRISHNAN D.
LEKHA SANKAR
RESPONDENT:
THE CANARA BANK,
REPRESENTED BY THE AUTHORIZED OFFICER,
HARIPAD BRANCH,
MAVELIKKARA,
ALAPPUZHA DISTRICT,
KERALA-690 514.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22183 OF 2021
2
BECHU KURIAN THOMAS, J
==========================
W.P.(C) No.22183 of 2021
---------------------------------------
Dated this the 29 th day of October, 2021
JUDGMENT
The learned counsel for the respondent submitted
that even though this Court by order dated
21.10.2021, had directed to deposit Rs.5,00,000/-
on or before 28.10.2021, petitioner has failed to
deposit the same. Neverthless it is also submitted
that the sale pursuant to Ext.P19 notice did not
take place due to the absence of bidders.
2. The aforesaid submission is recorded and, therefore,
this writ petition is closed.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/02/11//2021
WP(C) NO. 22183 OF 2021
APPENDIX OF WP(C) 22183/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SANCTION LETTER DATED 13.11.2015 ISSUED BY
THE RESPONDENT.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 15.06.2017 ISSUED BY THE
BANK TO THE DECEASED PRINCIPAL BORROWER.
Exhibit P3 TRUE COPY OF RECALL NOTICE DATED 12.10.2017 SENT BY THE
RESPONDENT BANK TO THE DECEASED PRINCIPAL BORROWER.
Exhibit P4 TRUE COPY OF RECALL NOTICE DATED 19.12.2017 SENT BY THE
RESPONDENT BANK TO THE PETITIONER (GUARANTOR).
Exhibit P5 TRUE COPY OF THE NOTICE DATED 01.03.2019 SENT TO THE
PETITIONER (GUARANTOR).
Exhibit P6 TRUE COPY OF THE POSSESSION NOTICE DATED 13.05.2019
SENT TO THE PETITIONER (GUARANTOR).
Exhibit P7 TRUE COPY OF THE AUCTION SALE NOTICE DATED 15.11.2019
SENT BY THE BANK TO THE PETITIONER (GUARANTOR) UNDER
RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT RULES
2002).
Exhibit P8 TRUE COPY LETTER DATED 18.11.2019 AND ITS ENGLISH
TRANSLATION GIVEN BY THE PETITIONER (GUARANTOR) TO THE
RESPONDENT BANK REQUESTING TIME FOR PAYMENT.
Exhibit P9 TRUE COPY OF THE LETTER DATED 06.12.2019 AND ITS
ENGLISH TRANSLATION GIVEN BY THE PETITIONER.
Exhibit P10 TRUE COPY OF THE SA NO.380/2019 FILED BEFORE THE
TRIBUNAL.
Exhibit P11 TRUE COPY OF THE STAY ORDER IN IA 1914/2019 IN SA
NO.380/2019.
Exhibit P12 TRUE COPY OF THE AUCTION SALE NOTICE DATED 24.03.2021
UNDER RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT
RULES 2002).
Exhibit P13 TRUE COPY OF THE BANK STATEMENT FROM 30.04.2015.
Exhibit P14 TRUE COPY OF THE IA NO.640/2021 FOR AMENDMENT FILED ON
01.04.2021 BEFORE THE HON'BLE DRT II, ERNAKULAM.
Exhibit P15 TRUE COPY OF THE IA NO.639/2021 FOR INTERIM STAY FILED
ON 01.04.2021 BEFORE THE HON'BLE DRT.
Exhibit P16 TRUE COPY OF THE STAY ORDER ISSUED BY THE HON'BLE HIGH
COURT IN WPC NO.10103/2021 DATED 04.05.2021.
Exhibit P17 TRUE COPY OF THE BANK STATEMENT AS OF 07.10.2021.
Exhibit P18 TRUE COPY OF THE ADVOCATE COMMISSION NOTICE DATED
28.09.2021.
Exhibit P19 TRUE COPY OF THE AUCTION SALE NOTICE DATED 22.09.2021.
Exhibit P20 TRUE COPY OF REPRESENTATION DATED 01.07.2021 FOR ONE
TIME SETTLEMENT.
Exhibit P21 TRUE COPY OF NOTIFICATION BYLOCAL AUTHORITIES OF
CHETTIKULANGARA.
Exhibit P22 TRUE COPY OF ADVERTISEMENT RELEASED IN OLX.
Exhibit P23 TRUE COPY OF CERTIFICATE DATED 07.10.2021 BY THE
HOSPITAL.
RESPONDENTS EXHIBITS NIL
TRUE COPY
