Bindu K vs The Authorised Officer Under ...
2024 Latest Caselaw 33564 Ker

Kerala High Court

Bindu K vs The Authorised Officer Under ... on 21 November, 2024

                                               2024:KER:87505

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

            THE HONOURABLE MR. JUSTICE P.M.MANOJ

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

                   WP(C) NO. 2798 OF 2020

PETITIONERS:
          BINDU K
          AGED 54 YEARS
          W/O. RAJENDRAN ANRI, MELEMANNAMVILAKAM, PUTHUVAL
          PUTHENVEEDU, PUNNAKKULAM,KOTTUKAL P.O.,
          NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT-
          695 501


          BY ADVS.
          R.RAJESH (VARKALA)
          SRI.M.KIRANLAL
          SRI.MANU RAMACHANDRAN
          SRI.T.S.SARATH
          SHRI.SAMEER M NAIR


RESPONDENTS:
    1     THE AUTHORISED OFFICER UNDER SECURITIZATION ACT
          TRIVANDRUM DISTRICT CO-OEPRATIVE BANK , HEAD
          OFFICE, FORT, THIRUVANANTHAPURAM DISTRICT-695 023

    2     SECRETARY,
          KADUNGALLUR SERVICE CO-OPERATIVE BANK LTD, NO.2165,
          KADUNGALLUR ROAD, KADUNGALLUR, ALUVA ,KERALA-683
          102


          BY ADV SRI.THOMAS ABRAHAM SC THIRUVANANTHAPURAM
          DIST. CO.OP BANK


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.11.2024, ALONG WITH WP(C).2801/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.2798 & 2801 of 2020

                                      2
                                                          2024:KER:87505



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE MR. JUSTICE P.M.MANOJ

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

                                      1946

                           WP(C) NO. 2801 OF 2020

PETITIONER:
          RAJENDRAN NAIR
          AGED 57 YEARS
          S/O BHASKARAPILLAI,
          MELEMANNAMVILAKAM, PUTHUVAL PUTHEN VEEDU,
          PUNNAKKULAM, KOTTUKAL P.O.,
          NEYYANTTINKARA TALUK,
          THIRUVANANTHAPURAM - 695 501.

              BY ADVS.
              R.RAJESH (VARKALA)
              SRI.M.KIRANLAL
              SRI.MANU RAMACHANDRAN
              SRI.T.S.SARATH
              SHRI.SAMEER M NAIR




RESPONDENTS:
    1     THE AUTHORISED OFFICER UNDER SECURITIZATION ACT
          TRIVANDUM DISTRICT CO-OPERATIVE BANK,
          HEAD OFFICE, FORT, THIRUVANANTHAPURAM
          DISTRICT - 695023

      2       THE TRVANDRUM DISTRICT CO-OPERATIVE BANK,
              PUNNAKKULM BRANCH, THIRUVANANTHAPURAM DISTRICT-
              695 501. REPRESENTED BY ITS MANAGER.

              BY ADV SRI.THOMAS ABRAHAM SC THIRUVANANTHAPURAM
              DIST. CO.OP BANK


       THIS      WRIT     PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 21.11.2024, ALONG WITH WP(C).2798/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.2798 & 2801 of 2020

                                      3
                                                               2024:KER:87505


                               P.M. MANOJ, J
                      -----------------------------------
               W.P.(C) Nos.2798 and 2801 of 2020
        ---------------------------------------------------------------
           Dated this the 21st day of November, 2024


                                  JUDGMENT

Both these writ petitions are preferred by husband and

wife against the proceedings initiated under the SARFAESI Act.

It is submitted that the petitioner in W.P.(C) No.2801 of 2020

availed of a loan of Rs.10,00,000/- and the petitioner's wife in

W.P.(C) No.2798 of 2020 availed of a loan of Rs.5,00,000/-, and

when the loans were defaulted, the 2nd respondent has initiated

proceedings under the SARFAESI Act. This is the circumstance

in which both these writ petitions are preferred by this Court.

2. When the matter is taken up for consideration today,

the learned counsel for the petitioners as well as the

2nd respondent-Bank submitted that the entire amount in both

the loan accounts have been repaid in both the cases on

30.09.2024.

Under such circumstances, nothing survives in the prayers

sought in these writ petitions. Accordingly, these writ petitions

are closed.

Sd/-

P.M.MANOJ

JUDGE sss WP(C) Nos.2798 & 2801 of 2020

2024:KER:87505

APPENDIX OF WP(C) 2798/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 13.12.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P2 THE TRUE COPY OF THE LOAN PASS BOOK WP(C) Nos.2798 & 2801 of 2020

2024:KER:87505

APPENDIX OF WP(C) 2801/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 13- 12-2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE LOAN PASS BOOK