Johnson George vs The Assistant Registrar Cum ...
2022 Latest Caselaw 11323 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                       WP(C) NO. 35433 OF 2019


PETITIONER:

          JOHNSON GEORGE
          AGED 70 YEARS, S/O. GEORGE,
          SHIBI NIVAS, ATTUMKUZHI,
          VADKKUM BHAGOM, ERAVIPURAM, KOLLAM.

          BY ADV SRI.THYPARAMBIL THOMAS THOMAS



RESPONDENTS:

    1     THE ASSISTANT REGISTRAR CUM SPECIAL SALE OFFER
          COASTAL URBAN CO-OPERATIVE BANK LTD. NO.3036,
          KOLLAM - 691 013.

    2     THE ASSISTANT REGISTRAR
          OFFICE OF THE ASSISTANT REGISTRAR
          OF CO-OPERATIVE SOCIETIES, KADAPPAKKADA,
          KOLLAM - 691 012.

          *ADDL.R3 IS IMPLEADED

    3     THE BRANCH MANAGER
          THE COASTAL URBAN CO-OPERATIVE BANK LTD.,
          ERAVIPURAM BRANCH, ERAVIPURAM, KOLLAM 691 001

          *ADDL.R3 IS IMPLEADED AS PER ORDER DATED 02.12.2022
          I.A.NO.2 OF 2022 IN WPC 35433/2019

          BY ADV SRI.SREEJITH S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35433 OF 2019
                                  2




                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No.35433 of 2019
              --------------------------------------------
             Dated this the 2nd day of December, 2022

                            JUDGMENT

When the case is taken up today, the counsel for the additional

3rd respondent submits that the addl.3 rd respondent intends to

proceed under the provisions of the SARFAESI Act.

The above submission is recorded and this writ petition is

closed without prejudice to the rights of the petitioner to defend any

action that may be taken against him under the SARFAESI Act.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 35433 OF 2019

APPENDIX OF WP(C) 35433/2019

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PASSBOOK ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT DURING MORATORIUM PERIOD DATED 24.4.2019.

EXHIBIT P3 TRUE COPY AUCTION SALE NOTICE DATED 14.12.2019 PUBLISHED IN MALAYALA MANORAMA DAILY.