Asha. P.Nayar vs The Trivandrum Co-Operative ...
2022 Latest Caselaw 1593 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                       WP(C) NO. 29154 OF 2020
PETITIONERS:

    1     ASHA. P.NAYAR
          AGED 55 YEARS
          W/O.P.K.NAYAR, RAGAM, YGRA-C-27,KAVU ROAD,
          KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM - 695
          003, PRESENTLY RESIDING AT TC.4/1250(8), 1ST FLOOR, PR
          ENCLAVE, KOWDIAR, THIRUVANANTHAPURAM-695 003.

    2     K.P.NAYAR,
          AGED 56 YEARS
          S/O.LATE P.R.KUNJIRAMAN NAYAR, 'RAGAM', YGRA-C-27,KAVU
          ROAD, KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM -
          695 003, PRESENTLY RESIDING AT TC.4/1250(8), 1ST FLOOR,
          PR ENCLAVE, KOWDIAR, THIRUVANANTHAPURAM-695 003.

          BY ADVS.
          P.V.ANIL
          SHRI.GOVIND M.G.


RESPONDENT:

          THE TRIVANDRUM CO-OPERATIVE URBAN BANK LTD.
          HEAD OFFICE, PB NO.115, M.G.ROAD, THIRUVANANTHAPURAM-
          695 001, REPRESENTED BY ITS AUTHORIZED OFFICER.

          BY ADV SMT.NISHA GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29154 OF 2020

                                           2


                        BECHU KURIAN THOMAS, J.
                      ===========================
                         W.P.(C) No.29154 of 2020
                     ============================
                    Dated this the 15th day of February, 2022

                                     JUDGMENT

The learned counsel for the petitioner submits that the second

petitioner has expired and she sought time to implead the legal heirs.

2. Adv. Nisha George, learned counsel for the respondent

submitted that the first petitioner has cleared the entire liability due to

the bank yesterday (14.02.2022) and that no amounts are due from

the petitioner.

3. In view of the aforesaid submission, notwithstanding the

expiry of the second petitioner, nothing further survives to be

considered in this writ petition since the entire amounts due to the

bank has already been received.

Accordingly, this writ petition is closed.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/ WP(C) NO. 29154 OF 2020

APPENDIX OF WP(C) 29154/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE UNDER SEC.13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002.

EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT IN THE NAME OF THE PETITIONERS BY CHELLAN NO.450936 DATED 5.11.2020 FOR AN AMOUNT OF RS.49,000/- (RUPEES FORTY NINE THOUSAND ONLY).

EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT IN THE NAME OF THE PETITIONERS BY CHELLAN NO.379526 DATED 15.12.2020 FOR AN AMOUNT OF RS.50,000/- (RUPEES FIFTY THOUSAND ONLY).

EXHIBIT P4 TRUE COPY OF THE MC 65/2020 DATED 13.1.2020 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 4.2.2020 IN MC 65/2020 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.