K.Ekalavyan vs Indian Bank, Vithura Branch ...
2022 Latest Caselaw 8580 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         WP(C) NO. 2524 OF 2022
PETITIONER/S:

          K.EKALAVYAN,
          AGED 72 YEARS
          S/O.(LATE) KUMARAN, DWARAKA ANAD BANK JUNCTION,
          NEDUMANGAD, THIRUVANANTHAPURAM-695 541.

          BY ADV ANOOP.V.NAIR



RESPONDENTS:

    1     INDIAN BANK, VITHURA BRANCH (V027),
          K.S.BUILDING, KALUNGU JUNCTION, VITHURA,
          THIRUVANANTHAPURAM DISTRICT-695 551, REPRESENTED BY ITS
          CHIEF MANAGER.

    2     THE CHIEF MANAGER, INDIAN BANK,
          VITHURA BRANCH (V027), K.S.BUILDING, KALUNGU JUNCTION,
          VITHURA, THIRUVANANTHAPURAM DISTRICT-695 551.


OTHER PRESENT:

          SRI. S EASWARAN (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) 2524/2022
                                       2




                               JUDGMENT

Dated this the 6th day of July, 2022

The learned counsel for the petitioner submits that the

entire amount due to the respondent Bank has been paid.

Accordingly, this writ petition is closed making it clear

that if the entire liability of the bank has been cleared by the

petitioner, SARFAESI proceedings will stand withdrawn.

Sd/-

GOPINATH P.

JUDGE

sb W.P.(C) 2524/2022

APPENDIX OF WP(C) 2524/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 06.02.2020 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT, 2002 TO THE PETITIONER BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 29.07.2021 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 13(4) OF THE SARFAESI ACT, 2002 TO THE PETITIONER.

Exhibit P3 THE SALE NOTICE FOR SALE OF IMMOVABLE PROPERTIES IS ALSO ISSUED BY THE 2ND RESPONDENT UNDER RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 DATED 26.11.2021.

Exhibit P3 A THE SALE NOTICE FOR SALE OF IMMOVABLE PROPERTIES IS ALSO ISSUED BY THE 2ND RESPONDENT UNDER RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 DATED 11.01.2022.