Anzar. A vs Csb Bank Limited
2023 Latest Caselaw 1211 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        WP(C) NO. 42064 OF 2022
PETITIONER:

          ANZAR. A
          AGED 40 YEARS, S/O ABDUL KHADER,
          PROPRIETOR, M/S THAMANNA CASHEW EXPORTS,
          RESIDING AT THADATHIL PUTHEN VEEDU,
          KALLUMTHAZHAM P.O, KILIKOLLOOR, KOLLAM DISTRICT
          PIN 691 004, PIN - 691004

          BY ADVS.
          A.JANI(KOLLAM)
          NISA FASIL(KOLLAM)



RESPONDENTS:

    1     CSB BANK LIMITED.,
          (FORMERLY THE CATHOLIC
          SYRIAN BANK LTD) , KOLLAM BEACH ROAD
          BRANCH, SMV TOWERS, MAIN ROAD,
          CHINNAKKADA, KOLLAM PIN 691 001, PIN - 691001

    2     THE AUTHORISED OFFICER,
          CHIEF MANGER, CSB
          BANK LT, ZONAL OFFICE, THIRUVANANTHAPURAM., PIN -
          695001

          BY ADVS.
          SRI.PAULOCHAN ANTONY P., SC, CATHOLIC SYRIAN BANK
          K.ANAND K



OTHER PRESENT:

          ADV. K ANAND (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.42064/2022                     -2-

                                  JUDGMENT

This writ petition has been filed challenging the proceedings initiated against

the petitioner under the provisions of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act (hereinafter referred to

as the SARFAESI Act). When this matter is taken up for consideration today, it is

the submission of the learned counsel appearing for the respondent bank that the

one time settlement application filed by the petitioner has been sanctioned and

therefore no further directions are necessary in the writ petition.

The learned counsel for the petitioner also does not dispute this fact. Writ

petition is closed directing that the parties shall be governed by the one time

settlement offered to the petitioner.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 42064/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SANCTION LETTER DATED 03/04/2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P2 TRUE COPY OF SANCTION LETTER DATED 16/07/2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P3 TRUE COPY OF BANK STATEMENT FROM THE DATE OF 01/07/2018 TO31/10/2019 OF CATHOLIC SYRIAN BANK

Exhibit P4 TRUE COPY OF BANK STATEMENT FROM THE DATE OF 01/07/2018 TO31/10/2019 OF CATHOLIC SYRIAN BANK

Exhibit P5 TRUE COPY OF ORDER NO 224/2022/ID DATED 14/03/2022 PUBLISHED BY THE GOVERNMENT OF KERALA

Exhibit P6 TRUE COPY OF ORDER DATED 31/12/2021 IN M.C. NO 25/2022 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM

Exhibit P7 TRUE COPY OF POSSESSION NOTICE ISSUED BY THE ADVOCATE COMMISSIONER 1 IN M.C. NO 25/2022 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM DATED 15/06/2022

Exhibit P8 TRUE COPY OF JUDGEMENT IN W.P.(C) 20987/2022 DATED 30/06/2022 OF THIS HONOURABLE COURT

Exhibit P9 TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 06/12/2022

Exhibit P10 TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 17/12/2022 IN MC NO 25/2022 CHIEF JUDICIAL MAGISTRATE, KOLLAM