Disposed

Hassainar.K., v. State of Kerala

Kerala HC3 Oct 2023WP(C)/21028/2023

Case brief

AI extract

What is this about?

Single sentence order disposing of a writ petition seeking access to file records and dispensing with translation. Court directed the respondent Bank to consider a specific representation and decide within two weeks. No detailed reasoning provided.

What did the court decide?

Direction to the competent authority in the respondent Bank to consider and take a decision on Ext.P7 within two weeks.

Hassainar.K., Vs State of Kerala — Banking and Recovery | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K. BABU

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TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945

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WP(C) NO. 21028 OF 2023

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AGAINST THE ORDER/JUDGMENT CRMP 694/2020 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD

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PETITIONER/S:

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HASSAINAR.K.,
AGED 53 YEARS
S/O. AMOO, CHEYUMBA HOUSE, PERIYATTADUKKAM,
PANAYAL.PO, PALLIKKARA, HOSDURG TALUK,
KASARGODE, PIN - 671318

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BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
LEKSHMI S.SEKHER
P.V.SARITHA VENUGOPAL
FEMY M.ANTONY
K.J.SUNIL
RAHEEMA A.V.
BABU SALIH
N.P.RUKSANA

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 KERALA STATE CO-OPERATIVE BANK LTD., AGED 56 YEARS

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HEAD OFFICE AT THIRUVANANTHAPURAM, REPRESENTED
BY ITS AUTHORIZED OFFICER/REGIONAL MANGER,
M.JAYAKUMARAN, HAVING OFFICE AT NAYAK'S ROAD,
KASARGOD, PIN - 671121

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OTHER PRESENT:

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SRI. PRADEESH CHACKO

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W.P.(C) No.21028 of 2023

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..2..

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C) No.21028 of 2023

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..3..

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K.BABU, J.

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W.P.(C) No.21028 of 2023

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Dated this the 3^rd day of October, 2023

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JUDGMENT

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The prayers in this Writ Petition filed under

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Article 226 of the Constitution of India are as follows:-

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i. Call for the records resulting in Exhibit-P3 advocate commission notice, scrutinize and set aside all further proceedings thereon in CMP No-694/2020 pending before the Honble Chief Judicial Magistrate Court, Kasargod.

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ii. Permit the petitioner with dispensing with filling of the translation of Exhibit-P1 and Exhibit-P3 vernacular document produced herewith.

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And

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iii. To pass any other order as this court deems fit

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The learned counsel for the petitioner confines

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the reliefs to direct the respondent Bank to consider Ext.P7.

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Having heard both sides, this Writ Petition is

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W.P.(C) No.21028 of 2023

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..4..

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disposed of with a direction to the competent authority in the respondent Bank to consider and take a decision on Ext.P7, in accordance with law, within a period of two

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weeks from this date.

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K.BABU JUDGE

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kkj

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W.P.(C) No.21028 of 2023

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..5..

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APPENDIX OF WP(C) 21028/2023

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`PETITION`	`ER EXH`	`IBITS`
`Exhibit`	`P1`	`TRUE COPY OF DEMAND NOTICE ISSUED` `UNDER SECTION-13(2) OF SARFAESI ACT` `DATED 02.07.2018`
`Exhibit`	`P2`	`TRUE COPY OF THE SECTION-14 PETITION` `IN CMP NO-694/2020 ON THE FILES OF` `HONBLE CHIEF JUDICIAL MAGISTRATE` `COURT, KASARGOD DATED 29.02.2020`
`Exhibit`	`P3`	`TRUE COPY OF THE COMMISSION NOTICE IN` `CMP NO-694/2020 ON THE FILES OF HONBLE` `CHIEF JUDICIAL MAGISTRATE COURT,` `KASARGOD DATED 02.02.2021`
`Exhibit`	`P4`	`TRUE COPY OF JUDGMENT IN WPC NO-` `27052/2021 DATED 30.11.2021`
`Exhibit`	`P5`	`TRUE COPY OF JUDGMENT IN WPC NO-` `29159/2022 DATED 17.10.2022`
`Exhibit`	`P6`	`TRUE COPY OF THE NOTICE BEARING NO-` `KB/KNR/RO/RD/SF/1632/2023-24 DATED` `08.09.2023 ISSUED BY THE RESPONDENT` `NO-2`
`Exhibit`	`P7`	`TRUE COPY OF THE REPRESENTATION DATED` `13.09.2023 SUBMITTED BEFORE THE` `RESPONDENT NO-2`

Hassainar.K., v. State of Kerala

Case brief

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Hassainar.K., v. State of Kerala

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