Jaison Kc vs Canara Bank
2022 Latest Caselaw 10062 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 TUESDAY, THE 13TH DAY OF SEPTEMBER 2022 / 22ND BHADRA, 1944
                     WP(C) NO. 29062 OF 2022
PETITIONER:

            JAISON KC
            AGED 60 YEARS
            S/O CHUMMAR,
            KUTHOOR HOUSE, KOTTAYIL ROAD,
            KUNNAMKULAM, THRISSUR. , PIN - 680503
            BY ADVS.
            S.MUMTAZ
            ALISHA ASLAM
            AJITH M. JIJI
            AMINA RUBY FAIZAL

RESPONDENT:

            CANARA BANK
            REP BY THE AUTHORIZED OFFICER,
            REGIONAL OFFICE, ABA PLAZA,
            1ST FLOOR, KOORKENCHERY,
            THRISSUR, PIN - 680007
OTHER PRESENT:

            SMT. PARVATHY K - GP
            BY STANDING COUNSEL SRI.M.GOPIKRISHNAN NAMBIAR

     THIS     WRIT   PETITION   (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   13.09.2022,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.29062/2022

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                               JUDGMENT

Learned Standing Counsel for the respondent Bank submits

that 12.09.2022 was the last date for the bidders to submit the

applications and since no bidders have come forward, the sale of the

property will not take place on 14.09.2022 and further submits that the

challenge regarding the Ext.P9 sale notice dated 09.08.2022 has hence

become infructuous.

2. The learned counsel for the petitioner submits that the

petitioner is aggrieved by Ext.P9 sale notice and on the basis of the

submission now made by the learned Standing Counsel for the

respondent Bank that the sale of the property will not take place on

14.09.2022, the writ petition can be closed.

Recording the above submission, this writ petition is closed.

The petitioner, if so advised, may approach the respondent Bank with

proper application for availing the opportunity to repay the amount

outstanding in the loan account in easy instalments.

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE MBS/ W.P.(C)No.29062/2022

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APPENDIX OF WP(C) 29062/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF NOTICE OF POSSESSION DATED 05/03/2022 Exhibit P2 TRUE COPY OF PAYMENT COUNTERFOILS EVIDENCING PAYMENTS OF RS.I,40,000/ DATED 18.05.2022 Exhibit P3 TRUE COPY OF PAYMENT COUNTERFOILS EVIDENCING PAYMENTS OF RS.1,00,000/- ON 26/05/2022 Exhibit P4 TRUE COPY OF PAYMENT COUNTERFOILS EVIDENCING PAYMENTS OF RS. I,00,000/- ON 27/05/2022 Exhibit P5 TRUE COPY OF PAYMENT COUNTERFOILS EVIDENCING PAYMENTS OF RS.79500/- ON 07/06/2022 Exhibit P6 TRUE COPY OF STATEMENT OF ACCOUNT DATED 02.07.2022 Exhibit P7 TRUE COPY OF COUNTERFOIL DATED 21.05.2022 FOR RS.60,000/-

Exhibit P8 TRUE COPY OF STATEMENT OF ACCOUNT DATED 02.07.2022 Exhibit P9 TRUE COPY OF THE NOTICE OF SALE DATED 09/08/2022 Exhibit P10 TRUE COPY OF THE REQUEST LETTER DATED 23/08/2022