Sundaran P.S. v. M/S.Uco Bank
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
WP(C).No. 1372 of 2010
PETITIONER(S)
SUNDARAN.P.S, PAZHANGAT VEEDU, VADAKE ADUVASERRY,, SOUTH ADUVASERRY.P.O, PIN-683 578.
BY ADVS.SRI.P.RADHAKRISHNAN (1) SRI.K.R.KRISHNA KUMAR SRI.MADHU RADHAKRISHNAN
RESPONDENT(S):
1. THE AUTHORISED OFFICER, M/S. UCO BANK, WILLINGTON ISLAND BRANCH,, KOCHI-682 003.
2. M/S.MARS BUSINESS ASSOCIATES, 24/1564, MAIN ROAD, WILLINGTON ISLAND.
3. SHIBU.S, MRRA 58-59, POONITHURA.P.O,, THRIPUNITHURA, KOCHI-682 038.
4. SOMASEKHARAN NAIR, MRRA 58-59, POONITHURA.P.O,, THRIPUNITHURA, KOCHI-682 038.
5. INDUSEKHARAN NAIR.B, T.C.17/1886, KESARI ROAD,, POOJAPPURA.P.O, THIRUVANANTHAPURAM.
6. I.NAVEEN CHANDRA @ AYIL, MANAGER UCO BANK, M.G.ROAD BRANCH,, ERNAKULAM.
R1 & R6 BY ADVS. SRI.GEORGE KARITHANAM VARGHESE,SC SRI.DEEPAK JOY.K. R5 BY ADV. SRI.P.VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 1372 of 2010
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1:- TRUE COPY OF THE SECURITISATION APPLICATION.
EXHIBIT P2:- TRUE COPY OF THE ORDER DATED 30.11.2009 IN IA NO.2570/2009. EXHIBIT P3:- TRUE COPY OF THE NOTICE DATED 11.1.2010.
RESPONDENT(S)' EXHIBITS - NIL
/TRUE COPY/
PS TO JUDGE
TS 20/03/2018
DEVAN RAMACHANDRAN, J.
Dated this the 16th day of March, 2018
JUDGMENT
The petitioner in this writ petition is seen to be challenging an order of the Debt Recovery Tribunal (for short 'DRT') passed in the proceedings filed by him impugning the proceedings issued by the Chief Judicial Magistrate Court, Ernakulam, against him under Section 14 of the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
by this Court, interdicting all further proceedings under the SARFAESI Act initiated by the Bank.
W.P.(C) No. 1372 of 2010
-:2:-
not in a position to offer his submission on this to this Court, I call for a report from the Court of the Chief Judicial Magistrate, which has now been placed on record.
The Writ Petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN, JUDGE
tb/16.03
SUNDARAN.P.S
THE AUTHORISED OFFICER, M/S. UCO BANK
DEVAN RAMACHANDRAN
As recorded by the court registry
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