Aniljith Kuttappan vs Uco Bank
2022 Latest Caselaw 2686 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                    WP(C) NO. 25190 OF 2021
PETITIONER:

         ANILJITH KUTTAPPAN
         AGED 54 YEARS
         S/O. KUTTAPPAN, ANILJIT BHAVAN, NEELESWARAM P.O.,
         KOTTARAKKARA, KOLLAM DISTRICT-691505.
         BY ADVS.
         M.KIRANLAL
         MANU RAMACHANDRAN
         R.RAJESH (VARKALA)
         T.S.SARATH
         SAMEER M NAIR
         V.M.VISHNU MOHAN
         SABIKH MOHAMMED V.S
         GEETHU KRISHNAN
         HARSHA SUSAN SAM

RESPONDENTS:
    1     UCO BANK
          REPRESENTED BY GENERAL MANAGER, 10 B T M SARANI
          KOLKATA, WEST BENGAL-700 001.
    2     MANAGER
          UCO BANK, KOTTARAKKARA BRANCH, NSS KARAYOGAM
          BUILDING, MARKET JUNCTION, OYUR, KOTTARAKARA,
          KOLLAM DISTRICT-691 506.
    3     THE MANAGER
          UCO BANK, KOLLAM, KHAISE BUILDING, BEACH ROAD,
          KOLLAM-691 001.
          BY ADVS.
          C.VIVEK
          SREEKALA KRISHNADAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.25190 of 2021
                                     2



                              JUDGMENT

Dated this the 11th day of March, 2022

The petitioner approaches this Court seeking to direct the

respondent-Bank to consider Ext.P1 request of the petitioner for

closing the gold loan by repaying the dues.

2. The petitioner contented that the petitioner had

maintained two loan accounts with the respondent-Bank, one at

Kottarakkara Branch and another at Kollam Branch. The

petitioner availed an Over Draft facility in the account

maintained at Kottarakkara. The petitioner also availed a gold

loan of Rs.1,60,000/-. The petitioner's account in Kollam

Branch has been classified as NPA.

3. Now, the Bank is exercising lien on the gold

ornaments pledged, refusing to close the loan account and

return the gold ornaments. It is in such circumstances that the

petitioner filed this writ petition seeking to direct the

respondent-Bank to consider Ext.P1 request of the petitioner for W.P.(C).No.25190 of 2021

closing the gold loan by repaying the dues.

4. When this writ petition came up for hearing today, the

learned counsel for the petitioner submitted that the writ petition

can be closed permitting the petitioner to participate in the gold

auction as and when it is conducted by the 1 st respondent. The

learned Standing Counsel for the respondent submitted that

any citizen can participate in the auction being conducted by

the respondent, in accordance with the rules and regulations

governing the auction.

In view of the submission made above, the writ petition is

closed giving liberty to the petitioner to participate in the gold

auction proceedings of the respondent-Bank as and when it is

conducted.

Sd/-

N.NAGARESH, JUDGE rpk W.P.(C).No.25190 of 2021

APPENDIX OF WP(C) 25190/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REQUEST LETTER DATED 18.10.2021 PREFERRED BY THE PETITIONER. Exhibit P2 NOTICE FROM THE BANK DATED 18/11/2021.