Vinayan M vs Punjab National Bank
2022 Latest Caselaw 6201 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 15885 OF 2022
PETITIONER/S:

          VINAYAN M.
          AGED 58 YEARS
          S/O KUNJAMBU, PULIKOTH HOUSE, MUNDIKAL THAZHAM,
          KOTTAMPARAMBU P. O., KOZHIKODE (MCP) - 673 008.
          BY ADV E.A.BIJUMON


RESPONDENT/S:

          PUNJAB NATIONAL BANK
          REPRESENTED BY THE AUTHORIZED OFFICER, CIRCLE SASTRA
          CENTRE, SHATHABDI BHAVAN, MINI BY PASS ROAD, KOZHIKODE
          - 673 016.
          SRI. SANTHEEP ANKARATH
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15885 OF 2022                    2

                                   JUDGMENT

The petitioner has approached this Court with a grievance

that Ext.P2 objection filed to Ext.P1 notice is not being considered

despite the petitioner having a statutory right under the

provisions of SARFAESI Act to file such objection.

2. Learned counsel for the petitioner submits that Ext.P1

notice though dated 29.12.2021, was actually handed over to the

petitioner on 09.05.2022 and the petitioner was informed that

possession will be taken on the next working day. It is submitted

that therefore, the petitioner rushed to this Court after filing

Ext.P2 objection.

3. Learned Standing Counsel appearing for the

respondent bank submits that the possession has not been taken

so far and that the bank will take a decision on Ext.P2 objection

before proceeding with the action under the SARFAESI Act.

The said submission is recorded and the writ petition is

closed .

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 15885/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SECTION 13(2) NOTICE DATED 29.12.2021.

Exhibit P2 TRUE COPY OF THE OBJECTION DATED 12.05.2022 UNDER SECTION 13(3A) OF THE SECURITIZATION ACT, 2002.