Alexander vs Bank Of Baroda
2023 Latest Caselaw 5688 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                          WP(C) NO. 15172 OF 2023
PETITIONER:

              ALEXANDER
              AGED 47 YEARS
              SON OF MR. CHANDY, PULIKKAMALIL HOUSE, PUDUSSERY (PO)
              KANJIRANGAD VILLAGE, WYANAD DISTRICT, PIN - 670645
              BY ADVS.
              SHAJI CHIRAYATH
              SAVITHA GANAPATHIYATAN
              M.V.ASHA BINDU
              SIMSAR UL HAQ K.Y
              ANN MARY.V.I


RESPONDENTS:

     1        BANK OF BARODA
              HEAD OFFICE, BARODA HOUSE, MANDVI, VADODARA DISTRICT,
              GUJARAT - PIN - 390001 REPRESENTED BY IT'S MANAGING
              DIRECTOR AND CHIEF EXECUTIVE OFFICER.,
     2        BRANCH MANAGER
              BANK OF BARODA, MAKKIYAD BRANCH, NEAR MAKKIYAD (P.O),
              MAKKIYAD, WYANAD DISTRICT, PIN - 670731
     3        AUTHORISED OFFICER
              BANK OF BARODA, MAKKIYAD BRANCH, NEAR MAKKIYAD (PO),
              MAKKIYAD, WYANAD DISTRICT PIN - 670731 REPRESENTED ITS
              MR. P.K CHOWDARY.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15172 OF 2023
                                       2

                                JUDGMENT

The learned counsel for the petitioner

submits that Ext.P1 notice under Section 13(2) of

the SARFAESI ACT does not carry a date.

2. Heard both sides.

3. The learned counsel for the respondents

submits that the date of receipt of the notice

can be considered as the date of notice.

4. The learned counsel for the petitioner

submits that the notice was received on

21.03.2023. If 21.03.2013 is taken as the date of

notice, this writ petition can be disposed of.

Accordingly, this writ petition is disposed

of accepting the date of receipt of Ext.P1

notice ie. 21.03.2023 as the date of notice.

Sd/-

SHOBA ANNAMMA EAPEN SAS JUDGE WP(C) NO. 15172 OF 2023

APPENDIX OF WP(C) 15172/2023

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF THE NIL DATED DEMAND NOTICE ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 COPY OF THE CERTIFICATE DATED 22ND MARCH 2023 ISSUED BY THE AGRICULTURAL OFFICER OF KRISHI BHAVAN, THONARNAD- MAKKIYAD CERTIFIED THAT AGRICULTURAL ACTIVITIES GOING ON THE 37.5 CENTS OF LAND IN SURVEY NO. 90/233 OF KANJIRANGAD VILLAGE