Prajith Builders & Developers ... vs Kerala Gramin Bank
2022 Latest Caselaw 6331 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR. JUSTICE GOPINATH P.
   FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                   WP(C) NO. 24426 OF 2021
PETITIONERS:


    1     PRAJITH BUILDERS & DEVELOPERS
          REP.BY MANAGING DIRECTOR
          MR. PRAJITH CM, ROOM NO.17/1168, HAPPY BUILDING,
          NEAR SABHA SCHOOL, PUTHIYARA, KOZHIKODE - 673 004.

    2     MR.PRAJITH C. M. , S/O. RAMACHANDRAN,
          CHELLAPARAMEETHAL, IRINGALLUR,
          GURUVAYURAPPAN COLLEGE P. O.,
          KOZHIKODE - 673 014.

    3     PRAMEELA C. M. , W/O. RAMACHANDRAN,
          CHELLAPARAMEETHAL, IRINGALLUR,
          GURUVAYURAPPAN COLLEGE P. O., KOZHIKODE - 673 014.

    4     PRAVEEN CM, S/O. RAMACHANDRAN, CHELLAPARA MEETHAL,
          IRINGALLUR, GURUVAYURAPPAN COLLEGE P. O.,
          KOZHIKODE - 673 014.

    5     PRAVEESH C. M. , S/O. RAMACHANDRAN, CHITHRAM,
          NEAR IRINGALLUR SERVICE CO-OPERATIVE BANK,
          GURUVAYURAPPAN COLLEGE P. O., KOZHIKODE - 673 014.

    6     BLUMONDA FURNITURE
          REPRESNETED BY PRAVEESH C. M., ROOM NO.17/1168,
          HAPPY BUILDINGS, PUTHIYRRA, ERANGALOOR P. O.,
          KOZHIKODE - 673014.

          BY ADVS.
          NIRMAL.S
          VEENA HARI
          RIA ELIZABETH JOSEPH
 WP(C) No.24426 of 2021
                                         2

             IRENE ELZA SOJI
             K. REMIYA RAMACHANDRAN


RESPONDENTS:


      1      KERALA GRAMIN BANK, REP. BY ITS MANAGER,
             MANKAV BRANCH,
             MANKAV P. O., KOZHIKODE - 673 007.

      2      ADDL R2 AUTHORIZED OFFICER, KERALA GRAMIN BANK,
             MANKAV BRANCH, MANKAV P.O, KOZHIKODE-673 007, IS
             IMPLEADED AS ADDL R2 VIDE ORDER DATED 08-11-2021 IN IA
             1/2021 IN WP(C) 24426/2021

             BY ADV JAWAHAR JOSE, SC




      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.24426 of 2021
                                       3

                                 JUDGMENT

When this matter is taken up for consideration today, it is submitted

by the learned Standing Counsel for the respondent bank that Ext.P1

demand notice, which is the subject matter of the writ petition has been

withdrawn by the bank on account of some technical defects and a fresh

demand notice has subsequently been issued on 27.01.2022.

2. The learned counsel for the petitioner submits that a fresh writ

petition is being filed in respect of the fresh demand notice issued by the

bank.

In that view of the matter, nothing survives for adjudication in this

writ petition. Hence it is closed leaving open the right of the petitioner to

take all contentions against the fresh demand notice in any subsequent

proceedings.

Sd/-

GOPINATH P.

JUDGE

spk WP(C) No.24426 of 2021

APPENDIX OF WP(C) 24426/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER DATED 31.08.2021 ISSUED TO THE 5TH PETITIONER.

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 21.10.2021 ISSUED AS PER SECTION 13(2) SARFAESI ACT 2002.

Exhibit P3 TRUE COPY OF THE CIRCULAR NO.201/2021/REVENUE OF THE KERALA GOVERNMENT DATED 22.10.2021.

RESPONDENT'S/S EXHIBITS : NIL