Kerala High Court
Kochu Krishna Kurup vs Union Bank Of India on 7 February, 2025
2025:KER:10347
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
WP(C) NO. 45269 OF 2024
PETITIONERS:
1 KOCHU KRISHNA KURUP,
AGED 75 YEARS, S/O.K.P.KRISHNA KURUP,
KALARICKAL HOUSE, PATTIMATTOM P.O, ERNAKULAM,
PIN - 683 562.
2 K.K.SURESH,
AGED 49 YEARS, S/O. K.K.KURUP,
KALARICKAL HOUSE, PATTIMATTOM P.O, ERNAKULAM,
PIN - 683 562.
BY ADVS.
DINESH R.SHENOY
KRIPA ELIZABETH MATHEWS
RESPONDENTS:
1 UNION BANK OF INDIA,
REPRESENTED BY AUTHORISED OFFICER AND CHIEF
MANAGER, ASSET RECOVERY BRANCH, 2ND FLOOR,
UNION BANK BHAVAN, M.G.ROAD, ERNAKULAM,
PIN - 682 035.
2 SAJI VARGHESE,
S/O. A.M VARGHESE,
ALUKKAL HOUSE, MEKKAD P.O, ERNAKULAM,
PIN - 683 589.
3 BABY CHERIAN,
S/O. C.U. CHERIAN,
CHELLIAMPURATH HOUSE, KIZHUMURI P.O,
RAMAMANGALAM, MUVATTUPUZHA, ERNAKULAM,
PIN - 686 663.
2025:KER:10347
WP(C) 45269/2024 2
4 GEORGE BABY,
S/O. BABY CHERIAN,
CHELLIAMPURATH HOUSE, KIZHUMURI P.O,
RAMAMANGALAM, MUVATTUPUZHA, ERNAKULAM,
PIN - 686 663.
5 RAVI S. GEORGE,
S/O. SUNNY VARGHESE,
ALUKKAL HOUSE, PIPELINE ROAD, PALARIVATTOM P.O,
ERNAKULAM, PIN - 682 025.
6 SURESH NARAYANAN,
S/O. NARAYANAN NAMBOOTHIRI,
THURUTHIYAZHATHU MANA, MEKKAD P.O.,
ERNAKULAM DISTRICT, PIN - 683 589.
7 K.J. VARGHESE,
S/O. JACOB,
AKAPPARAMBU, MEKKAD P.O, ALUVA, ERNAKULAM,
PIN - 683 589.
8 SUNNY VARGHESE,
S/O. MATHAN VARGHESE,
ALUKKAL HOUSE, PIPELINE ROAD,
NEAR SANTHIPURAM ROAD, PALARIVATTOM, ERNAKULAM,
COCHIN, PIN - 682 025.
9 M/S. UNITED SOAPS AND HYGIENIC FORMULATIONS,
CHENGARA, PATTIMATTOM, PIN - 683 562,
REPRESENTED BY ITS MANAGING PARTNER,
BABY CHERIAN.
BY ADVS.
ASP.KURUP (SC)
SADCHITH.P.KURUP
C.P.ANIL RAJ
SIVA SURESH
B.SREEDEVI
ATHIRA VIJAYAN
SWATHI KRISHNA P.H.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:10347
WP(C) 45269/2024 3
JUDGMENT
This writ petition has been filed seeking the following
reliefs:
A) A writ the of certiorari, quashing
Exhibit-P16 notice to the extent it relates to
item No. 3 property therein, belonging to
the 1st petitioner.
B) A writ, order or direction, directing the
1st respondent not to proceed against item
no 3 property or continue proceedings for
sale of the same pursuant to Exhibit P16
sale notice till after the completion of
proceedings against item no 1 property
belonging to the principal borrower, the
9th respondent firm, and item no 2 property
belonging to the continuing partner
(2nd respondent), which itself is more than
sufficient, even according to the Bank's own
truncated valuation, to satisfy the entire
debt claimed.
C) Grant such other reliefs as are deemed fit
and proper in the facts and the
circumstances of the case".
2025:KER:10347
2. The learned counsel appearing for the
1st respondent bank submits that no sale took place
pursuant to Ext.P16 notice.
3. Taking into consideration the nature of relief
sought for in the writ petition, I am of the view that, in the
light of the fact that no sale took place pursuant to
Ext.P16, the reliefs sought for in the writ petition have
become infructuous.
Therefore, this writ petition is dismissed as
infructuous, leaving open all contentions taken by the
petitioners.
Sd/-
GOPINATH P.
JUDGE
ats
2025:KER:10347
APPENDIX OF WP(C) 45269/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF PARTNERSHIP DEED
DATED 25/8/2016
Exhibit P2 TRUE PHOTOCOPY OF RECONSTITUTED DEED OF
PARTNERSHIP DATED 29/1/2019.
Exhibit P3 TRUE PHOTOCOPY OF THE MINUTES OF THE
MEETING OF PARTNERS OF THE 9TH
RESPONDENT DATED 27/3/2022
Exhibit P4 TRUE PHOTOCOPY OF NOTICE DATED
17/8/2022 ISSUED BY THE 1ST PETITIONER
TO THE UNION BANK OF INDIA, PUTHENCRUZ
BRANCH.
Exhibit P5 TRUE PHOTOCOPY OF NOTICE DATED
3/10/2022 ISSUED BY THE UNION BANK OF
INDIA TO THE 1ST PETITIONER.
Exhibit P6 TRUE PHOTOCOPY OF NOTICE DATED
1/12/2023 ISSUED BY THE FIRST
RESPONDENT.
Exhibit P7 TRUE PHOTOCOPY OF NOTICE DATED
15/11/2023 ISSUED BY THE ADVOCATE BABU
PAUL ON BEHALF OF THE 2ND PETITIONER
Exhibit P8 TRUE PHOTOCOPY OF THE NOTICE DATED
8/12/2023 ISSUED BY ADVOCATE
A.S.P.KURUP TO RESPONDENTS 2 TO 9 AND
THE PETITIONERS ON BEHALF OF UNION BANK
OF INDIA.
Exhibit P9 TRUE PHOTOCOPY OF NOTICE DATED
12/12/2023 ISSUED BY THE 1ST RESPONDENT
UNDER SECTION 13(2) OF THE SARFAESI
ACT.
2025:KER:10347
Exhibit P10 TRUE PHOTOCOPY OF NOTICE DATED 8/1/2024
ISSUED BY DINESH.R.SHENOY, ADVOCATE TO
RESPONDENTS 2 TO 7 AND 9 ON BEHALF OF
THE 2ND PETITIONER
Exhibit P11 TRUE PHOTOCOPY OF REPLY ISSUED BY THE
2ND PETITIONER AND ANOTHER DATED
8/1/24.
Exhibit P12 TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 12/3/2024 IN IA.NO. 2/2024 IN
OP(ARBITRATION)NO. 50/2024 ADDITIONAL
DISTRICT JUDGE 8. ERNAKULAM
Exhibit P13 TRUE PHOTOCOPY OF NOTICE DATED 6/4/2024
ISSUED BY THE 2ND PETITIONER TO THE 1ST
RESPONDENT BANK
Exhibit P14 TRUE PHOTOCOPY OF THE NOTICE DATED
22/10/2024 ISSUED TO THE PETITIONERS
AND RESPONDENTS 2 TO 9 BY THE FIRST
RESPONDENT.
Exhibit P15 TRUE PHOTOCOPY OF JUDGMENT DATED
10/12/2024 IN WP(C)NO. 41148/2024, HIGH
COURT OF KERALA
Exhibit P16 TRUE PHOTOCOPY OF NOTICE DATED
5/12/2024 ISSUED BY THE FIRST
RESPONDENT.
Exhibit P17 TRUE PHOTOCOPY OF RELEVANT PAGE 4 OF
OA.NO.467/2024 FILED BY THE FIRST
RESPONDENT BANK BEFORE THE DEBTS
RECOVERY TRIBUNAL, ERNAKULAM.
Exhibit P17(a) TRUE PHOTOCOPY OF RELEVANT PAGES 19 TO
RESPONDENT BANK BEFORE THE DEBTS
RECOVERY TRIBUNAL, ERNAKULAM.
2025:KER:10347
RESPONDENT'S EXHIBITS
Exhibit R1A A TRUE COPY OF THE OA NO. 467/2024
BEFORE DRT -1 ERNAKULAM WITHOUT
ANNEXURES
Exhibit R1B A TRUE COPY OF COMPLAINT FILED BY THE
2ND PETITIONER BEFORE THE BANKING
OMBUDSMAN
Exhibit R1C A TRUE COPY OF THE DECISION IN UNITED
BANK OF INDIA V. SATYAVATI TONDON AND
OTHERS, REPORTED IN 2010 (8) SCC 110
