M.K. Resley vs Union Bank Of India
2023 Latest Caselaw 9748 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                   WP(C) NO. 30146 OF 2023
PETITIONER:
    1     M.K. RESLEY, AGED 48 YEARS, SON M.S. KOCHUTHAMPI
          MURICKOLLI HOUSE, NADACKA PO ERATTUPETTA VILLAGE
          KOTTAYAM DISTRICT., PIN - 686124
    2     SRI. M.K.FAISAL, AGED 56 YEARS, S/O M.S KOCHUTHAMPI
          MURIKOLLI HOUSE,NADAKAL (P.O) ERATTUPETTA VILLAGE,
          KOTTAYAM DISTRICT KERALA, PIN - 686124
    3     SHRI. M.K.ANAS, AGED 45 YEARS, S/O M.S.
          KOCHUTHAMPI, MURIKOLLI HOUSE, NADAKAL (P.O)
          ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT KERALA, PIN
          - 686124
    4     SMT.ANCY MOL, AGED 35 YEARS, MURICKOLLI HOUSE,
          NADACKA(PO) ERATTUPETTA VILLAGE KOTTAYAM DISTRICT,
          PIN - 686124
    5     SMT.AMINA S, AGED 33 YEARS,MURICKOLLI HOUSE,
          NADACKA(PO) ERATTUPETTA VILLAGE KOTTAYAM DISTRICT,
          PIN - 686124
    6     DR.MOHAMMED ISMAIL, AGED 62 YEARS,SON OF M.K
          MOHMAMMED ALI, MADAVANA, PATHAIKKARA,
          PERINTHALMANNA, MALAPURAM DISTRICT KERALA, PIN -
          679322
    7     SHRI. M. K NABEEL,AGED 42 YEARS, MURIKKOLIL
          HOUSE,NADACKAL P.O. ERATTUPETTA VILLAGE, KOTTAYAM
          KERALA, PIN - 686124
    8     SMT. SHAILA ISMAIL, AGED 57 YEARS,MADAVANA HOUSE,
          PATHIAKKARA P.O. PERINTHALMANNA, MALAPPURAM,
          KERALA, PIN - 679322
          BY ADVS.
          S.EASWARAN
          P.MURALEEDHARAN (IRIMPANAM)
          K.V.RAJESWARI

RESPONDENTS:
    1     UNION BANK OF INDIA, ERATTUPETTA BRANCH, 1ST
          FLOOR,PARAANAL ARCADE, ARUVITHARA, SD MEENACHIL,
          ERATTUPETTA P.O., KOTTAYAM REPRESENTED BY ITS CHIEF
 WP(C) NO. 30146 OF 2023

                                    2

               MANAGER, PIN - 686121
    2          MEENACHIL EAST URBAN CO-OPERATIVE BANK LIMITED,
               NO.4266,POONJAR, POONJAR THEKKEKARA PO.,
               KOTTAYAM DISTRICT - 686582 RESPRESENTED BY IT
               CHIEF MANAGER, PIN - 686582
    3          C.A. MAHALINGAM, SURESH KUMAR,LIQUIDATOR OF
               MS.RAIHAN HEALTHCARE PRIVATE LIMITED, MS.SPP &
               CO., CHARTERED ACCOUNTANTS, NO.27/9,NIVEDH
               VIKAS, PANKAJA MILL ROAD, PUIYAKULAM,
               COIMBATORE, PIN - 641045
               BY ADV MANOJ RAMASWAMY

        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   13.09.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30146 OF 2023

                                  3




                            JUDGMENT

Sri.A.G.Satyanarayanan, stated to be appearing for the

3rd respondent, submitted that no bids have been received by

his client, pursuant to Ext.P5 sale notice; and added that,

therefore, this Writ Petition has become virtually infructuous,

There is little doubt that if no bids have been received by

the 3rd respondent, pursuant to Ext.P5, the petitioner need

not prosecute this writ petition any further. This is affirmed by

Sri.S.Easwaran - their learned counsel also.

In the afore circumstances, recording the above

submissions of Sri.A.G.Satyanarayanan, this Writ Petition is

closed; however, leaving open all contentions, to be impelled

as and when it be may warranted in future.

Sd/- DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO. 30146 OF 2023

APPENDIX OF WP(C) 30146/2023 PETITIONER EXHIBITS Exhibit P1 COPY OF THE ORDER DATED 21.1.2022 IN MA 76/KOB/2020 IN IBA 240/2019(CB) Exhibit P2 COPY OF THE ORDER DATED 24-11-2022 IN IA NO 990/2022 COMPANY APPEAL (AT)(CH) (INS) 337 OF 2022 Exhibit P3 COPY OF THE ORDER DATED 9-12-2022 IN CA 8981 OF 2022 Exhibit P4 COPY OF THE JUDGMENT DATED 7-8-2023 IN CA 8981 OF 2022 RENDERED BY THE HON'BLE SUPREME COURT OF INDIA Exhibit P 5 COPY OF THE SALE NOTICE PUBLISHED IN NEW INDIAN EXPRESS DAILY ON 15-8-2023 Exhibit P6 COPY OF THE STATUS REPORT OBTAINED FROM THE WEB SITE OF NCALT CHENNAI

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN