Petitioner challenged the legality of a gold loan sale notice claiming lack of response communication. Court accepted counsel submissions that dues were cleared and account closed, dismissing the petition as infructuous.
Writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940
WP(C).No. 22455 of 2018
PETITIONER/S:
JABEENA FAIZAL,
AGED 48, RESIDING AT SMILING HOUSE,KOTTAYIL KOVILAKAM, CHENDAMANGALAM P.O., NORTH PARAVOOR, ERNAKULAM DISTRICT, PIN: 683 512.
BY ADVS. SRIP.S.SUJETH SMT.M.R.REENA
RESPONDENT/S:
1 THE GENERAL MANAGER, ERNAKULAM DISTRICT CO-OPERATIVE BANK, ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KAKKANAD, KOCHI-30.
2 THE BRANCH MANAGER, ERNAKULAM DISTRICT CO-OPERATIVE BANK, MAIN BRANCH, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN:683 513.
BY ADV. SRI.N.RAGHURAJ, SC, ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.22455/2018
2
JUDGMENT
The petitioner, who availed a gold loan from the
North Paravur Main Branch of the Ernakulam District Cooperative Bank vide loan A/c.No.15727000053465 (727/53465) for a sum of 2,05,000/-, on 03.01.2017 has₹ filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus declaring that the Ext.P4 Sale Notice to be illegal,
since the decision on the representation submitted by the
petitioner was not communicated to her; and for other consequential reliefs.
admission the learned Standing Counsel for the 1st respondent District Co-operative Bank, representing respondents 1 and 2, sought time to get instructions. This Court granted an interim order to the effect that confirmation of sale conducted pursuant to Ext.P1 sale notice in respect of loan A/c.No.727/53465 shall be
deferred for a period of two weeks on condition that the petitioner deposits a sum of 10,000/- within one week.₹
W.P.C.22455/2018
consideration, the learned counsel on both sides would submit that the petitioner has already cleared the entire dues in respect of the loan transaction and the loan
account has also been closed.
In such circumstances, recording the aforesaid
submission made by the leaned counsel on both sides, this
writ petition is dismissed as infructuous.
Sd/-
ANIL K.NARENDRAN
JUDGE
DG
W.P.C.22455/2018
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 15.05.2018 ISSUED TO THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION GIVEN TO THE BRANCH MANAGER DATED 20.05.2018.
EXHIBIT P3 THE TRUE COPY OF THE GOLD LOAN PLEDGED TOKEN SHOWING THE AMOUNT AVAILED ON 03.01.2017.
EXHIBIT P4
THE TRUE COPY OF THE SALE NOTICE PUBLISHED IN THE MATHRUBHOOMI NEWS PAPER DATED 26.06.2018
1 issue framed by the court
Whether the writ petition declaring the sale notice illegal is maintainable when the petitioner has cleared dues and the account is closed.
1 provisions across 1 enactments
JABEENA FAIZAL
THE GENERAL MANAGER, ERNAKULAM DISTRICT CO-OPERATIVE BANK
THE BRANCH MANAGER, ERNAKULAM DISTRICT CO-OPERATIVE BANK, NORTH PARAVUR
ANIL K NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
