Quashed

Azoora Beevi v. the Kerala State Co-Operative Bank

Kerala HC4 Feb 2013WP(C)/2436/2013

Case brief

AI extract

What is this about?

Justice Antony Dominic disposed of three writ petitions challenging a Reply Notice issued by the Kerala State Co-operative Bank under Section 13(2) of the Act. The court found the Bank had failed to address the petitioners' submissions, constituting non-application of mind, and set aside the notice.

What did the court decide?

Ext. P9 replies issued by the Bank were quashed; liberty granted to the Bank to pass fresh orders on Ext. P7 notices in the light of Ext. P8 replies.

Azoora Beevi Vs the Kerala State Co-Operative Bank — Banking and Recovery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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MONDAY, THE 4TH DAY OF FEBRUARY 2013/15TH MAGHA 1934

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WP(C).No. 2436 of 2013 (D)

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PETITIONER(S):

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AZOORA BEEVI AGED 33 YEARS ANZARI MANZIL,355,KALLAMBALAM P.O. THIRUVANANTHAPURAM-695605.

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BY ADVS.SMT.PRABHA R.MENON SRI.R.MANOJ

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RESPONDENT(S):

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1. THE KERALA STATE CO-OPERATIVE BANK REPRESENTED BY ITS SENIOR MANAGER,COBANK TOWERS POST BOX NO.6514,PALAYAM,THIRUVANANTHAPURAM.

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2. THE AUTHORIZED OFFICER THE KERALA STATE CO-OPERATIVE BANK,COBANK TOWERS POST BOX NO.6514,PALAYAM,THIRUVANANTHAPURAM.

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R1,R2 BY ADV. SRI.K.RAVIKUMAR, SC, KERALA STATE COOPERATIVE BANK LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-02-2013, ALONG WITH WPC. 2440/2013 AND WPC. 2441/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.2436/13

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE LOAN SANCTION LETTER DATED 29.03.2005 AND ITS ANNEXURE

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EXHIBIT P2: TRUE COPY OF THE WP(C)NO.29271 OF 2006 ON THE FILES OF THIS HONOURABLE COURT.

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EXHIBIT P3: TRUE COPY OF THE NOTICE DATED 11.01.2010

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EXHIBIT P3(A): TRUE COPY OF THE REPLY NOTICE ISSUED BY THE PETITIONER'S COUNSEL DATED 22.01.2010

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EXHIBIT P4: TRUE COPY OF THE W.P(C)NO.4288 O 2010 ON THE FILES OF THIS HONOURABLE COURT.

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EXHIBIT P5: TRUE COPY OF THE PLAINT SUBMITTED BY THE 1ST RESPONDENT BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 21.01.2012

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EXHIBIT P6: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN EXHIBIT P5.

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EXHIBIT P7: TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER UNDER SECTION 13(2) OF THE ACT

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EXHIBIT P8: TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO EXHIBIT P7.

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EXHIBIT P9: TRUE COPY OF THE REPLY ISSUED TO THE PETITIONER DATED 12.12.12

//True Copy//

PA to Judge

ANTONY DOMINIC, J. ================ W.P.(C) NOs. 2436, 2440 & 2441 OF 2013

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============================

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Dated this the 4^th day of February, 2013

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J U D G M E N T

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Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents.

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Petitioners are defaulters to the 1^st respondent. Therefore SARFAESI proceedings were initiated and Ext.P7 in these writ petitions are the notices issued to the petitioners under Section 13(2) of the Act. To that notices, petitioners filed Ext.P8 replies raising various contentions. The Bank received the replies and rejected the contentions raised by the petitioners in Ext.P9 replies given. It is challenging Ext.P9 replies issued by the Bank rejecting Ext.P8 mentioned above, these writ petitions are filed.

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A reading of Ext.P8 shows that the petitioners have raised several contentions regarding the alleged untenability of the SARFAESI proceedings that are initiated against them. However, none of these contentions have been dealt with or answered by the Bank in Ext.P9 replies. Therefore, Ext.P9 discloses total non application of mind and for that reason, I set aside Ext.P9 replies.

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WPC.Nos.2436, 2440 & 2441/13

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:2 :

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Therefore, these writ petitions are disposed of quashing Ext.P9 and with liberty to the Bank to pass fresh orders on Ext.P7 notices in the light of Ext.P8 replies submitted by the petitioners.

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ANTONY DOMINIC, JUDGE

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Azoora Beevi v. the Kerala State Co-Operative Bank

Case brief

What is this about?

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Azoora Beevi v. the Kerala State Co-Operative Bank

Case brief

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