Vipin M.S vs India Bulls Housing Finance ...
2022 Latest Caselaw 6587 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                         WP(C) NO. 4013 OF 2022
PETITIONER/S:

    1     VIPIN M.S
          AGED 40 YEARS,S/O.K.MOHANAN NAIR,TC 3 OF 536 ,ROHINI
          NIVAS ,MUTTADA
          THIRUVANANTHAPURAM KERALA 695025
          C/O MS ELECTRICALS TC 4 OF 2614
          KARAD 6, MARKET JUNCTION KURAVANKONAM
          THIRUVANANTHAPURAM, PIN - 695025
    2     NIRMA C NAIR,
          AGED 36 YEARS, W/O.VIPIN M.S.,TC 3/536(1) ,ROHINI NIVAS
          MUTTADA PO,THIRUVANANTHAPURAM KERALA 695025
          BY ADVS.
          T.K.RAJESHKUMAR
          ASWIN K.R.
          MATHEWS BENNY
          APARNA SOMARAJAN
          T.N.BINDU


RESPONDENT/S:

    1     INDIA BULLS HOUSING FINANCE LIMITED, REPRESENTED BY ITS
          MANAGER, 11/36-2,SAI KRISHNA BUILDING
          PMG JUNCTION,PATTOM ROAD
          THIRUVANANTHAPURAM KERALA 695025
    2     AUTHORISED OFFICER
          INDIA BULLS HOUSING FINANCE LIMITED
          11/36-2 SAI KRISHNA BUILDING,PMG JUNCTION PATTOM ROAD
          THIRUVANANTHAPURAM KERALA -695004
          BY ADVS.
          MADHU RADHAKRISHNAN ,SC
          NELSON JOSEPH
          M.D.JOSEPH



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).4013/22                              2



                                  JUDGMENT

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

learned Standing Counsel appearing for the respondent bank that the possession

notice, which was the subject matter of the writ petition, has been withdrawn by

the bank. He states that nothing further survives for consideration in this writ

petition.

2. Being convinced that nothing survives for consideration in this writ

petition presently, the writ petition is closed making it clear that all the

contentions taken by the petitioners are left open for adjudication in appropriate

proceedings.

The writ petition is closed accordingly.

Sd/-

GOPINATH P.

JUDGE okb/9.6.22 //Truecopy// PStoJudge

APPENDIX OF WP(C) 4013/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE 13(2) NOTICE SERVED TO THE PETITIONER BY THE RESPONDENT BANK DATED 09.09.2021.

Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNTS SHOWING THE ABOVE PAYMENT FROM 30/06/2013 TO 22/09/2021 OF THE BUSINESS ACCOUNT OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE AFFIXED BY THE RESPONDENT BANK DATED 28/01/2022. Exhibit P4 TRUE COPY OF THE JUDGMENT IN SUO MOTO PROCEEDINGS IN WP(C) NO.11316 OF 2021.