This court dismissed a writ petition challenging a notice as premature and found no adjudicatable issue regarding the classification of the account as a stressed asset.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 3RD DAY OF JULY 2018 / 12TH ASHADHA, 1940
WP(C).No. 18812 of 2018
PETITIONER
JAISON P.T S/O.THOMAS, AGED 40 YEARS, PANTHIPARAMBIL HOUSE, VAYATTUPARAMBA, NADUVIL VIA, KANNUR.670 582.
BY ADV.SRI.THOMSTINE K.AUGUSTINE
RESPONDENTS:
ASSETS RECOVERY MANAGEMENT BRANCH, R.S.BUILDING, OPP. MAHARAJAS COLLEGE ROAD, M.G.ROAD, ERNAKULAM.682 011.
R BY SRI.M.JITHESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18812 of 2018 (B)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 9.5.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 22.3.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 25.5.2018 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
TRUE COPY
P.S.TO JUDGE
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Dama Seshadri Naidu, J.
-----------------------------------------------------------------WPC No.18812 of 2018
--------------------------------------------------------------------Dated this the 3rd day of July, 2018
JUDGMENT
The petitioner, a borrower assailed Ext.P2, treating it as if it
were a notice under the SARFAESI Act. Yet, he pleaded that he wanted the facility of instalments to clear off the accumulated dues.
As rightly contended by the bank's counsel, I do not see any issue to be adjudicated. I reckon the writ petition is pre-mature. Therefore, it is closed.
sd/-Dama Seshadri Naidu, Judge
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Jaison P.T
State Bank of India represented by its Branch Manager
The Assistant General Manager, State Bank of India
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
