James Johnson vs Andhra Bank
2024 Latest Caselaw 33546 Ker

Kerala High Court

James Johnson vs Andhra Bank on 21 November, 2024

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                                                       2024:KER:87289
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

               THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

   THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

                          WP(C) NO. 38702 OF 2016

PETITIONER:

            JAMES JOHNSON
            AGED 43 YEARS
            S/O. JOHNSON,T.C.44/477,ST. XAVIERS NAGAR, VALIYATHURA,
            VALLAKKADAVU P.O., THIRUVANANTHAPURAM DISTRICT-695008.


            BY ADV SRI.LATHEESH SEBASTIAN


RESPONDENTS:

    1       ANDHRA BANK
            REPRESENTED BY THE CHIEF MANAGER, M.G.ROAD BRANCH,
            THIRUVANANTHAPURAM-695001.

    2       THE AUTHORIZED OFFICER
            UNDER THE SARFAESI ACT, ANDHRA BANK, M.G.ROAD BRANCH,
            THIRUVANANTHAPURAM-695001.

    3       THE BRANCH MANAGER
            ANDHRA BANK, M.G.ROAD BRANCH,
            THIRUVANANTHAPURAM-695001.


            BY ADV SMT.M.U.VIJAYALAKSHMI


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 38702 OF 2016                                          2024:KER:87289




                        SYAM KUMAR V.M., J.
                   ------------------------------------------
                     W.P. (C) No. 38702 of 2016
                    ------------------------------------------
               Dated this the 21st day of November, 2024



                               JUDGMENT

The learned counsel appearing for the petitioner submits that,

the WP (C) can be dismissed as not pressed, reserving the right to

move a fresh WP (C).

Accordingly, the Writ Petition is dismissed, granting liberty to

the petitioner to file a fresh WP (C), if necessary.

Sd/-

SYAM KUMAR V. M. JUDGE NJ

WP(C) NO. 38702 OF 2016 2024:KER:87289

APPENDIX OF WP(C) 38702/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE M.C.NO.113/2014 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 01-01-2015 IN M.C.NO.113/2014.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.3637/2015 DATED 25-02-2015.

EXHIBIT P4 TRUE COPY OF THE RECEIPTS ISSUED BY THE RESPONDENTS EVIDENCING THE PAYMENT.

EXHIBIT P5 TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 25-11-2016.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 30-11-2016.