Bala Girija, Aged 62 vs Union Bank Of India
2023 Latest Caselaw 367 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                       WP(C) NO. 42585 OF 2022
PETITIONERS:

    1     BALA GIRIJA,
          AGED 62 YEARS, D/O A. PADMANABHAN NAIR,
          BLOSSOM HOUSE, NELLIADKA P.O., KARADKA, MULLERIA,
          KASARAGOD DISTRICT,PIN - 671543
    2     PAVIN A.,
          S/O JAYARAJ NAYAK, BLOSSOM HOUSE, NELLIADKA P. O.,
          KARADKA, MULLERIA, KASARAGOD DISTRICT,PIN - 671543
          BY ADVS.
          UMMUL FIDA
          C.IJLAL
          R.UDAYA KUMAR


RESPONDENTS:

    1     UNION BANK OF INDIA
          ERSTWHILE ANDHRA BANK, KASARAGOD BRANCH,
          PADHOOR COMPLEX, NEW BUS STAND, KASARAGOD,
          KERALA, PIN - 671121
          REPRESENTED BY ITS AUTHORIZED OFFICER.
    2     THE AUTHORIZED OFFICER,
          UNION BANK OF INDIA, ERSTWHILE ANDHRA BANK, KASARAGOD
          BRANCH, PADHOOR COMPLEX, NEW BUS STAND, KASARAGOD,
          KERALA,PIN - 671121
          BY ADV SHRI.A.S.P.KURUP, SC, UBI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42585 OF 2022                2




                            JUDGMENT

The petitioners approached this Court being apprehending

that, the Advocate Commissioner appointed by the Chief Judicial

Magistrate Court, Kasargod, may take physical possession of the

secured assets without granting reasonable notice to the

petitioners.

2. The learned counsel for the respondent-Bank submits

that, the Advocate Commissioner will take possession only after

giving a minimum of ten days notice to the petitioners.

In the light of the above, no further orders are necessary in

the writ petition. It is accordingly closed, recording the

submission of the learned counsel appearing for the respondent-

Bank.

Sd/-

GOPINATH P.

JUDGE TR

APPENDIX OF WP(C) 42585/2022

PETITIONER EXHIBITS Exhibit p1 A TRUE COPY OF THE NOTICE DATED 26/04/2021 UNDER SECTION 13 (2) OF THE SARFAESI ACT ISSUED BY THE RESPONDENTS Exhibit p2 A TRUE COPY OF THE ORDER DATED 27/05/2022 IN C.M.P.NO.1225/2022 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD Exhibit p3 A TRUE COPY OF THE JUDGMENT DATED 02/09/2022 IN W.P.C. NO. 28895/2022