Suresh Menon vs Indian Bank
2023 Latest Caselaw 5233 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                          WP(C) NO. 13247 OF 2023
PETITIONERS:

     1       SURESH MENON.,
             AGED 60 YEARS
             S/O. SIVARAMA MENON, KADEKUZHY HOUSE, KUNDANOOR,
             MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.
     2       SIVARAMA MENON.,
             AGED 96 YEARS
             S/O. LATE KRISHNA MENON, KADEKUZHY HOUSE,
             KUNDANOOR, MARADU P.O., ERNAKULAM DISTRICT, PIN-682304.
             BY ADVS.
             UTHARA ASOKAN
             ABRAHAM K.JOHN
             RAHUL GOVIND
             C.G.ARUNDHATHI


RESPONDENTS:

     1       INDIAN BANK .,
             SHANMUGHAM ROAD, ERNAKULAM, PIN-682031,
             REPRESENTED BY ITS CHIEF MANAGER.
     2       THE CHIEF MANAGER/AUTHORIZED OFFICER,
             INDIAN BANK, SHANMUGHAM ROAD, ERNAKULAM,
             PIN-682031.
     3       M/S. LICHEN BUILDERS& DEVELOPERS PVT. LTD.,
             KNA PLAZA, KUNDANOOR, NEAR POLICE TOWER,
             MARADU P.O., ERNAKULAM DISTRICT, PIN-682304,
             REP. BY ITS MANAGING DIRECTOR.
     4       BOBAN PAUL.,
             AGED 62 YEARS
             S/O. PAULOSE, PATTALATHU HOUSE, FACT NAGAR,
             KADAVANTHARA, ERNAKULAM, PIN-682020.
     5       MINI BOBAN.,
             AGED 58 YEARS
             W/O. BOBAN PAUL, PATTALATHU HOUSE,
             FACT NAGAR, KADAVANTHARA, ERNAKULAM,
             PIN-682020.
     6       GEEVARGHESE.B.PAUL.,
             AGED 32 YEARS
 WP(C) No.13247 of 2023                      2


             S/O. BOBAN PAUL, PATTALATHU HOUSE,
             FACT NAGAR, KADAVANTHARA, ERNAKULAM,
             PIN-682020
     7       ELBA SHINE ABLE.,
             AGED 29 YEARS
             W/O. GEEVARGHESE.B.PAUL, PATTALATHU HOUSE,
             FACT NAGAR, KADAVANTHARA, ERNAKULAM,
             PIN-682020

         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON   20.04.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.13247 of 2023                                    3




                               VIJU ABRAHAM, J.
               .................................................................
                          W.P.(C) No.13247 of 2023
               .................................................................
                   Dated this the 20th day of April, 2023

                                     JUDGMENT

When the matter was taken up for consideration, the

learned counsel for the petitioners seeks permission to withdraw the

writ petition with liberty to move again.

Permission granted and the writ petition is dismissed as

withdrawn with liberty to move again.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 13247/2023

PETITIONER EXHIBITS Exhibit P1 THE LETTER DATED, 18-06-2016 SANCTIONING THE TERM LOAN IN FAVOR OF THE 3RD RESPONDENT Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE DATED, 15-12-2022 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 13(2) OF THE SARFAESI ACT, 2002 Exhibit P3 THE TRUE COPY OF THE LETTER SENT BY THE 2ND PETITIONER DATED, 01-02-2023 ADDRESSED TO THE 2ND RESPONDENT Exhibit P4 THE LETTER DATED, 21-02-2023 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER Exhibit P5 THE TRUE COPY OF THE NOTICE DATED, 02-03-2023 TAKING POSSESSION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS Exhibit P6 THE TRUE COPY OF THE SALE NOTICE DATED 06-04-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS Exhibit P7 THE ACCOUNT STATEMENT OF THE TERM LOAN A/C NO. 6443275730 OF THE 3RD RESPONDENT COMPANY WITH THE 1ST RESPONDENT BANK AS ON 28-03-2023