Lakshmi O.K vs Canara Bank
2022 Latest Caselaw 10070 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. 29201 OF 2022
PETITIONER:

           LAKSHMI O.K.
           AGED 67 YEARS
           WIFE OF MOOTHORAN, 344, KARAYIL HOUSE,
           KUNNAMANGALAM P.O. KOZHIKODE, PIN - 673571
           BY ADVS.
           S.VINOD BHAT
           ANAGHA LAKSHMY RAMAN
           GREESHMA CHANDRIKA.R

RESPONDENTS:

    1      CANARA BANK
           SME BRANCH, 18/1068, AYISHA BUILDING, JAIL
           ROAD, KOZHIKODE REPRESENTED BY ITS BRANCH
           MANAGER, PIN - 673004
    2      AUTHORISED OFFICER
           CANARA BANK, SME BRANCH, 18/1068, AYISHA
           BUILDING, JAIL ROAD, KOZHIKODE, PIN - 673004
OTHER PRESENT:

           SRI. JOBY JOSEPH - SR. 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.29201/2022

                                   ..2..




                               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 submitted that the

challenge regarding the Exts.P1 and P3 sale notices dated 25.02.2022

and 10.08.2022 respectively has hence become infructuous.

2. The learned counsel for the petitioner submits that the

petitioner is aggrieved by Exts.P1 and P3 sale notices 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.29201/2022

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APPENDIX OF WP(C) 29201/2022

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF SALE NOTICE DATED 25-02-2022 ISSUED BY THE 2ND RESPONDENT Exhibit P2 COPY OF REPLY LETTER DATED 19-03-2022 SENT BY THE PETITIONER Exhibit P3 COPY OF SALE NOTICE DATED 10-08-2022 WITH COVERING LETTER NO.

2385/LAKHS/2022/SEPT DATED 10-08-2022 Exhibit P4 COPY OF LAWYER NOTICE DATED 05-07-2022 SENT BY ADVOCATE K. SATHEESH KUMAR Exhibit P5 COPY OF LAWYER NOTICE DATED 01-08-2022 SENT BY ADVOCATE K. SATHEESH KUMAR Exhibit P6 COPY OF BASIC TAX RECEIPT NO.

KL11014203248/2022 DATED 23-04-2022 ISSUED BY VILLAGE OFFICER, POOLAKODE Exhibit P7 COPY OF CERTIFICATE/ORDER NO. A3-

2051/2015 DATED 06-04-2015 ISSUED BY SECRETARY, CHATHAMANGALAM GRAMA PANCHAYAT Exhibit P8 COPY OF CERTIFICATE DATED 09-04-2015 ISSUED BY DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA (MANAGER, DISTRICT INDUSTRIES CENTRE, KOZHIKODE) Exhibit P9 COPY OF CERTIFICATE DATED 24-09-2021 ISSUED BY AGRICULTURAL OFFICER, KRISHI BHAVAN, CHATHAMANGALAM