Shamsudheen .O.H vs Uco Bank
2024 Latest Caselaw 31172 Ker

Kerala High Court

Shamsudheen .O.H vs Uco Bank on 1 November, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

WP(C) No.23180/2024                     1/3                        Order Date : 01-11-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
            Friday, the 1st day of November 2024 / 10th Karthika, 1946
                     IA.NO.4/2024 IN WP(C) NO. 23180 OF 2024
   PETITIONER/PETITIONER:

          SHAMSUDHEEN .O.H AGED 53 YEARS S/O MR. HAMSA, RESIDING AT 1/547
          B(4/464), MALIYEKAL HOUSE,CHUNANGAMVELI KARA, ALUVA EAST VILLAGE,
          ERUMATHALA P.O, ERNAKULAM, PIN - 683112

   RESPONDENT/RESPONDENT:

          UCO BANK ALUVA WEST VILLAGE, REPRESENTED BY CHEIF MANGER AND
          AUTHORISED OFFICER, PIN - 683101

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to Hon'ble Court be
   pleased to permit this petitioner to file petitions through the power of
   attorney holder of the petitioner, in in the interest of justice
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of SRI. SAJEEVAN KURUKKUTTIYULLATHIL Advocate for the petitioner, the
   court passed the following:
 WP(C) No.23180/2024                            2/3                               Order Date : 01-11-2024




                                       N. NAGARESH, J.
                                      ----------------------------
                                  W.P. (C) No.23180 of 2024
                           --------------------------------------------------
                           Dated this the 1st day of November, 2024

                                            ORDER

This is an application to direct the respondent-Bank

to return the physical possession of the secured asset, in the

interest of justice.

2. Though the petitioner was granted opportunity to

repay the overdue amount in instalments as per judgment dated

27.06.2024, the petitioner has not remitted even a single

instalments. In the circumstances, I do not find any reason to

allow the I.A.

The I.A is therefore dismissed.

This is an application to permit the petitioner to file

petitions through the Power of Attorney holder of the petitioner.

Heard. Allowed.

Sd/-

N. NAGARESH JUDGE AMR WP(C) No.23180/2024 3/3 Order Date : 01-11-2024

APPENDIX OF WP(C) 23180/2024 Exhibit p1 THE TRUE COPY OF THE NOTICE SERVED TO THE PETITIONER UNDER SARFAESI ACT, DATED 10.05.2024 Annexure A1 A TRUE COPY OF NOTARIZED COPY OF THE POWER OF ATTORNEY EXECUTED BY SHAMSUDHEEN, THE PETITIONER IN WP(C) NO. 23180/2024, IN FAVOUR OF SHIMNA P.K @ SHIMNA SHAMSUDHEEN DATED 12.07.2024 Annexure A2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN

Annexure A3 A TRUE COPY OF THE IDENTITY CARD OF MISS. ANJLA SHAMSUDHEEN (2019-2024) ISSUED FROM BHARATA MATA SCHOOL OF LEGAL STUDIES Annexure A4 A TRUE COPY OF THE FEE PAYMENT RECEIPT ISSUED FROM THE COCHIN UNIVERSITY OF SCIENCE' AND TECHNOLOGY DATED 29.08.2024