Harikumar N vs State Bank Of India
2022 Latest Caselaw 11848 Ker

W.P.(C) No.22496 of 2022              1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
  WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                           WP(C) NO. 22496 OF 2022
PETITIONER:

              HARIKUMAR N
              AGED 56 YEARS,S/O.N.UNNIKRISHNAN NAIR
              RESIDING AT SHEEJA NIVAS, PERUMANNUR,
              ARACKAL VILLAGE,
              PATHANAPURAM TALUK,
              KOLLAM DISTRICT,
              PIN - 691 502,
              BY ADVS.
              KAROL MATHEWS SEBASTIAN ALENCHERRY
              D.G.VIPIN
              DANIEL A.J.


RESPONDENT:

      1       STATE BANK OF INDIA
              NETWORK I, LOCAL HEAD OFFICE
              POOJAPURA MAIN ROAD, CHERUKARA GARDENS
              POOJAPURA, KESARI NAGAR
              THIRUVANANTHAPURAM - 695 012, REPRESENTED BY THE
              GENERAL MANAGER


      2       THE CHIEF MANAGER
              STATE BANK OF INDIA, S.M.E. BRANCH
              GENERAL HOSPITAL ROAD, VANCHIYOOR P.O.
              THIRUVANANTHAURAM - 695 035
      3       THE AUTHORIZED OFFICER
              STATE BANK OF INDIA, SARB BRANCH, 1ST FLOOR SANGAMAM,
              GAS HOUSE JUNCTION
              THIRUVANANTHAPURAM - 695 001
 W.P.(C) No.22496 of 2022                      2

      4       THE DEPUTY. GENERAL MANAGER(B & O)
              STATE BANK OF INDIA, ADMINISTRATIVE OFFICE
              3RD FLOOR, SANGAMAM, GAS HOUSE JUNCTION
              THIRUVANANTHAPURAM - 695 001


      5       CHAIRMAN
              STATE BANK OF INDIA, CORPORATE CENTRE
              STATE BANK BHAVAN, MADAM CAMA ROAD NARIMAN POINT,
              MUMBAI - 400 021


      6       M/S. SAMSON & SONS BUILDERS & DEVELOPERS (P) LTD
              TC-3/679, TKD ROAD
              MUTTADA P.O., THIRUVANANTHAPURAM - 695 025 REPRESENTED
              BY ITS MANAGING DIRECTOR
              JOHN JACOB


OTHER PRESENT:

              SC M. JITESH MENON



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.12.2022,           THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.22496 of 2022             3


                                 V.G.ARUN J.
                      -------------------------------------
                        W.P.(C) No.22496 of 2022
                       ---------------------------------
                Dated this the 21st day of December 2022

                               JUDGMENT

As it is informed that the proceedings under the Insolvency and

Bankruptcy Code has been initiated against the 6th respondent builder,

the writ petition is closed reserving the petitioner's right to approach the

NCLT and without prejudice to his right to approach again, if so

warranted.

Sd/-

V.G.ARUN JUDGE dpk

APPENDIX OF WP(C) 22496/2022

PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE SALE CUM CONSTRUCTION AGREEMENT DATED 21.6.2014 ENTERED BETWEEN THE PETITIONERS AND 6TH RESPONDENT Exhibit2 TRUE COPY OF THE RELEVANT PAGE OF THE PASS BOOK ISSUED UNDER ACCOUNT NO.330100NC00010003 BY PUNJAB NATIONAL BANK Exhibit3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 9.3.2017 Exhibit4 TRUE COPY OF THE LETTER OF ARRANGEMENT ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit5 TRUE COPY OF THE LAWYER NOTICE DATED 20.3.2018 ISSUED BY THE PETITIONER TO THE RESPONDENTS Exhibit6 TRUE COPY OF THE REPLY NOTICE DATED 26.4.2018 ISSUED BY ADVOCATE HARI S NAIR