Writ petitions seeking quashing of a notice for sale of pledged agricultural products disposed of. The Court held that as the auction was cancelled due to lack of bidders and no fresh proceedings were initiated, the petitions had no sustenance and were closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939
WP(C).No. 2119 of 2018
PETITIONER(S):
BABY.P.V PANATTU HOUSE, ASAMANNOOR P.O. KOTHAMANGALAM, ERNAKULAM DIST.
BY ADVS.SRI.BINU PAUL SRI.SHINE MATHEWS(VADAKKEKARA)
RESPONDENT(S):
1. RESERVE BANK OF INDIA KALOOR, ERNAKULAM, KOCHI- 682 018 REP. BY ITS CHIEF MANAGER
2. SENIOR MANAGER & BRANCH HEAD FEDERAL BANK, KURUPPAMPADY, PIN- 683 549
R2 BY ADVS. SRI.LAWRENCE D'CUNHA
SRI.MATHEW BONSTANE SRI.V.P.PRADEEPKUMAR SRI.GODWIN JOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-02-2018, ALONG WITH WP(C)NO.2120 OF 2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2119 of 2018 (L)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBITP1 TRUE PHOTOCOPY OF THE NOTICE DATED 04-01-2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C). Nos.2119 & 2120 of 2018
Dated this the 27th day of February, 2018
JUDGMENT
These are writ petitions filed by father and son in respect
of a co-related issue, therefore, I heard them together and
propose to pass a common judgment. The relief sought for in
these writ petition are also identical in nature, which are as
follows:-
direction quashing Ext.P1 issued by the 2nd respondent as
the same does not have statutory force.
ii. Issue a Writ of mandamus or any other Writ, direction or
order commanding the respondents to desist from
proceeding against the agricultural products mentioned in
Exhibit P1 notice.”
The subject issue relates to recovery action initiated
W.P.(C). Nos.2119 & 2120 of 2018
2
against the petitioners to sell off the agricultural products for
repayment of the loan amount. Apparently, the agricultural products are pledged with the second respondent. However,
learned counsel appearing for the second respondent submitted that, even though sale was posted on 23.1.2018, there were no bidders, and therefore it stands cancelled, thereafter, no fresh proceedings are initiated against the petitioners. I am of the considered opinion, for the time being the apprehension voiced by the petitioners in these writ petitions is no more surviving, therefore, the writ petitions have no more sustenance for the time being.
Writ petitions are closed accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/27/2/
Baby P.V Panattu House
Reserve Bank of India Kaloor
Senior Manager & Branch Head Federal Bank Kuruppampady
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
