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Abdul Hakeem vs The Authorized Officer
2024 Latest Caselaw 25920 Ker

Citation : 2024 Latest Caselaw 25920 Ker
Judgement Date : 30 September, 2024

Kerala High Court

Abdul Hakeem vs The Authorized Officer on 30 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                          2024:KER:72640
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

     MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                       WP(C) NO. 34091 OF 2024

PETITIONER:

          ABDUL HAKEEM
          AGED 60 YEARS, S/O. HAMSA,
          RESIDING AT HOUSE NO.39/2223, HAR BUILDING,
          MG ROAD, ERNAKULAM, PIN - 682016.

          BY ADV.
             SRI. PRAVEEN K. JOY


RESPONDENTS:

    1     THE AUTHORIZED OFFICER,
          PUNJAB NATIONAL BANK, CIRCLE SASTRA CENTRE,
          SHATHABDI BHAVAN, MINI BY PASS ROAD,
          GOVINDAPURAM, KOZHIKODE, PIN - 673016.

    2     BRANCH MANAGER,
          PUNJAB NATIONAL BANK, BANK ROAD BRANCH,
          KANNUR, PIN - 670001.

    3     THE GRIEVANCE REDRESSAL COMMITTEE,
          HEADED BY EXECUTIVE DIRECTOR, PUNJAB NATIONAL BANK,
          HEAD OFFICE, 7, BHIKHAIJI CAMA PALACE,
          NEW DELHI, PIN - 110001.

          BY ADV.
             SRI. C. AJITH KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34091 OF 2024                      2




                                                                 2024:KER:72640




                         DINESH KUMAR SINGH, J.
                                   --------------------------
                               W.P.(C) No. 34091 of 2024
                                   -------------------------
                      Dated this the 30th day of September, 2024

                                       JUDGMENT

1. The present writ petition has been filed for the following

reliefs;

i) To stay all further coercive proceedings pursuant to Ext.P5 and Ext.P6 notices till a final decision is taken upon Ext.P7, in the interest of justice.

ii) Issue an order to declare that the petitioner's property is not liable to put for sale under Ext P6 by the 2nd respondent bank, in the interest of justice.

iii) To issue writ, order or direction in the nature of mandamus directing the respondents No. 1 and 2 to take up Ext P7 application and to consider the same and take a decision in the OTS proposal after hearing the petitioner personally, within a time limit fixed by this Hon'ble Court, in the interest of justice.

2024:KER:72640

iv) To grant time to prefer statutory appeal before the Statutory Authority, in the interest of justice.

v) To dispense with the English translation of the documents produced in vernacular languages.

vi) To grant such other reliefs that this Honourable Court deemed fit and proper.

2. This is the third writ petition filed by the petitioner for the

similar/identical reliefs. The successive writ petition for

similar/identical prayers cannot be entertained. Hence, the

present writ petition is hereby dismissed leaving it open to the

petitioner to take recourse to any other remedy as may be

available to him under the law.

Sd/-

DINESH KUMAR SINGH JUDGE Svn

2024:KER:72640

APPENDIX OF WP(C) 34091/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE NOTICE PUBLISHED BY THE BANK DATED 06.11.2023

EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 30.11.2023

EXHIBIT P3 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.41098/2023 DATED 08/12/2023

EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.11868/2024 DATED 22/03/2024

EXHIBIT P5 TRUE COPY OF THE SALE NOTICE DATED 11/09/2024 RECEIVED ON 25/09/2024

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 11/09/2024 UNDER 13(4) RECEIVED ON 25/09/2024

EXHIBIT P7 TRUE COPY OF THE OTS PROPOSAL DATED 25/09/2024

 
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