Single judge order dismissing a writ petition as withdrawn. Petitioner assailed SARFAESI Act measures for debt recovery but sought withdrawal due to recourse against Debt Recovery Tribunal.
Petition dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
WP(C).No.574 OF 2020(V)
PETITIONER/S:
ABDUL HAKKIM.C AGED 41 YEARS, S/O. MAMMOOTTY, CHOLAKKAL HOUSE, THARIPRAMUNDA,PALAKKALVETTA, P O THUVVUR, MALAPPURAM DISTRICT.
BY ADVS. SRI.M.A.ABDUL HAKHIM SRI.JOSEPH GEORGE (KANNAMPUZHA)
RESPONDENT/S:
1 STATE OF KERLA REPRESENTED BY SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2 NILAMBUR CO-OPERATIVE URBAN BANK LTD NO.1043, NILAMBUR P O, PIN-679329, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER.
3 AUTHORIZED OFFICER UNDER SARFAESI ACT/ASSISTANT GENERAL MANAGER, NILAMBUR CO-OPERATIVE URBAN BNK LTD NO.1043, NILAMBUR P O, PIN-679329, MALAPPURAM DISTRICT.
OTHER PRESENT:
GP SRI.PAUL ABRAHAM VAKKANAL SC SRI.DEVAPRASANTH P.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.574 OF 2020(V)
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AMIT RAWAL, J. ================== W.P.(C) No. 574 of 2020
================== Dated this the 12th day of February, 2020
JUDGMENT
Despite notice, nobody has entered appearance. The petitioner has assailed the action taken by the Bank for recovery of the dues and in view of the Arbitration Award. Under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), symbolic possession notice has been issued under Section 34 of the Act on 11.03.2019. The petitioner has a remedy of approaching the Debts Recovery Tribunal against the measures taken by the bank, as and when any steps under Section 14 of the SARFAESI Act, are taken. Faced with the situation, the learned counsel for the petitioner seeks the liberty of this court for withdrawal of the writ petition.
Accordingly this writ petition is dismissed as withdrawn.
Sd/-
AMIT RAWAL MIN Judge
WP(C).No.574 OF 2020(V)
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A PHOTOSTAT COPY OF THE DOCUMENT NO.4039/2005 OF THE MELATTOOR SUB REGISTRY. |
|---|---|
| EXHIBIT P2 | A PHOTOSTAT COPY OF THE ARBITRATION AWARD IN ARC 3136/2014 |
| EXHIBIT P3 | A PHOTOSTAT COPY OF THE SAID REQUEST SUBMITTED BY THE PETITIONER TO THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY, MAJERI. |
| EXHIBIT P4 | A PHOTOSTAT COPY OF THE SAID ORDER OF THE SUB COURT, MANJERI IN EXECUTION PETITION NO.9/2015 IN ARC NO.3136/2013. |
| EXHIBIT P5 | A PHOTOSTAT COPY OF THE SAID NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND HIS MOTHER. |
| EXHIBIT P6 | A PHOTOSTAT COPY OF THE SAID POSSESSION NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND HIS MOTHER. |
ABDUL HAKKIM.C
STATE OF KERALA REPRESENTED BY SECRETARY, CO-OPERATIVE DEPARTMENT
NILAMBUR CO-OPERATIVE URBAN BANK LTD
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
