Abdul Kabeer Cherungaparambil ... vs Indusind Bank Limited
2024 Latest Caselaw 8795 Ker

Kerala High Court

Abdul Kabeer Cherungaparambil ... vs Indusind Bank Limited on 27 March, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE EASWARAN S.
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                       WP(C) NO. 14488 OF 2018
PETITIONER:

          ABDUL KABEER CHERUNGAPARAMBIL KUNJIMOIDU,
          AGED 47 YEARS,
          RESIDING AT CHERUNGAPARAMBIL HOUSE,
          NEAR NADESAN LANE, CHUDUVALATHOOR,
          SHORANUR POST, SHORANUR, PALAKKAD-679121.

          BY ADVS.
          SRI.K.P.VIJAYAN
          SRI.V.N.HARIDAS
          SRI.C.M.MOHAMED SHERIFF
          SMT.SABEENA P.ISMAIL


RESPONDENTS:

    1     INDUSIND BANK LIMITED
          GOWRINARAYAN,(OPP.TO NEW JAYALAKSHMI
          SILKS),40/8399,8400,M.G.ROAD,KOCHI 682035.

    2     THE AUTHORIZED OFFICER INDUS BANK LIMITED
          GOWRINARAYAN, (OPP. TO NEW JAYALAKSHMI
          SILKS),40/8399,8400,M.G.ROAD,KOCHI 682035.

    3     MS.PAGASUS ASSETS RECONSTRUCTION PRIVATE LIMITED
          NO.31/970 B2,UZHIZELL TOWERS,1ST FLOOR,
          SUBHASH CHANDRA BOSE ROAD,PONNURUNNI,
          VYTTILA P.O., KOZHI 682019
          REPRESENTED BY ITS SENIOR MANGER MR.P.M.MOHAN.

          BY ADVS.
          SRI.LAL K.JOSEPH, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14488 OF 2018          -2-



                              JUDGMENT

When the writ petition was taken up for

consideration today, the learned counsel for the third

respondent submitted before this Court that the

account/liability of the petitioner has been assigned by

the third respondent to the Assets

Reconstruction Company Limited. Hence the writ

petition is closed as infructuous giving liberty to the

petitioner to agitate his grievances as and when further

actions are taken by the assignee of the third

respondent.

Sd/-

EASWARAN S. JUDGE

vv

APPENDIX OF WP(C) 14488/2018

PETITIONER EXHIBITS

EXHIBIT P1: A TRUE COPY OF THE LOAN SANCTION LETTER DATED 26.09.2014 ISSUED BY THE 1ST RESPONDENT BANK.

EXHIBIT P2: A TRUE COPY OF THE STATEMENT SHOWING THE PAYMENTS MADE BY THE PETITIONER DURING THE PERIOD FROM 30.09.2014 TO 07.03.2017.

EXHIBIT P3: A TRUE COPY OF THE S.13(2) NOTICE DTD.04.05.2017 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER.

EXHIBIT P4: A TRUE COPY OF THE LETTER DATED 07.08.2017 ISSUED BY THE BANK TO THE COUNSEL OF THE PETITIONER.

EXHIBIT P5: A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 26.03.2018 IN CRL.M.P.NO.11617/2018 PENDING BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT,THRISSUR.

EXHIBIT P6: A TRUE COPY OF THE NOTICE DATED 18.01.2018.