K.K.Rameshan vs Canara Bank
2024 Latest Caselaw 5149 Ker

Kerala High Court

K.K.Rameshan vs Canara Bank on 15 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF FEBRUARY 2024/26TH MAGHA, 1945
                WP(C) NO. 43559 OF 2023
PETITIONER:

         K.K.RAMESHAN,
         AGED 79 YEARS,
         RESIDING AT KIZHAKKEDATH HOUSE,
         ANAPPUZHA P.O.,
         KODUNGALLUR,
         THRISSUR, PIN - 680667

         BY ADVS.
         S.EASWARAN
         P.MURALEEDHARAN (IRIMPANAM)
         P.SREEKUMAR (THOTTAKKATTUKARA)
         K.V.RAJESWARI
         AUGUSTINE JOSEPH


RESPONDENT:

         CANARA BANK,
         REPRESENTED BY ITS AUTHORISED OFFICER
         CHIEF MANAGER,
         WADAKKACNHERRY,PIN - 680582

         BY ADV.
         SRI.M.GOPIKRISHNAN NAMBIAR, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.43559/2023
                                   :2:




                           JUDGMENT

Dated this the 15th day of February, 2024

The petitioner has filed this writ petition seeking

the following reliefs:

"i) Issue a writ of certiorari or other appropriate writs, directions or orders calling for the records leading up to Ext.P13 and quash Exts.P10 to P13.

ii) Issue a writ of mandamus or other appropriate writs, directions or orders restraining the respondent from further proceeding with Exts.P10 to P13.

iii) To dispense with the filing of the translation of the vernacular documents.

iv) To award the costs of the petitioner of these proceedings.

v) To grant such other reliefs as this Hon'ble Court may deem fit just and proper in the circumstances of the case."

2. When this writ petition came up for hearing

today, the counsel for the petitioner submitted that the

petitioner has already approached the Debts Recovery

Tribunal filing S.A. No.27 of 2024.

In view of the said development, the writ petition

is disposed of granting liberty to the petitioner to prosecute

the matter before the Debts Recovery Tribunal.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 43559/2023

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF THE SANCTION LETTER DATED 24.2.2013 ISSUED BY THE 1ST DEFENDANT Exhibit P2 A COPY OF THE DEMAND NOTICE DATED 25.11.2016 ISSUED BY THE RESPONDENT UNDER SECTION 13(2) OF THE SARFEASI ACT,2002 Exhibit P3 COPIES OF THE POSSESSION NOTICE DATED 09.03.2017 Exhibit P4 COPIES OF THE POSSESSION NOTICE DATED 09.03.2017 Exhibit P5 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 1.1.216 TO 2.2.2017 Exhibit P6 COPY OF THE JUDGMENT DATED 6TH APRIL,2017 IN W.P.(C)NO.8669 OF 2017 Exhibit P7 COPY OF THE COMMUNICATION DATED 16TH APRIL,2018 ISSUED BY THE RESPONDENT BANK Exhibit P8 COPY OF THE SALE NOTICE DATED 16TH APRIL, 2018 Exhibit P9 COPY OF THE FINAL ORDER DATED 21ST OCTOBER,2022 IN S.A.NO.244 OF 2018 Exhibit P10 COPY OF THE COMMUNICATION DATED 18.10.2023 ISSUED BY THE IST RESPONDENT Exhibit P11 COPY OF THE SALE NOTICE DATED 18.10.2023 Exhibit P12 COPY OF THE COMMUNICATION DATED 05.12.2023 ISSUED BY THE IST RESPONDENT Exhibit P13 COPY OF THE SALE NOTICE DATED 05.12.2023