Dismissed

Nazeena T.H. v. Authorized Officer

Kerala HC19 Dec 2023WP(C)/22507/2022

Case brief

AI extract

What is this about?

Petitioners sought to quash a notice and dispose of a representation regarding a bank loan account. The court dismissed the writ petition as infructuous upon submission that a One Time Settlement of ₹25 lakhs with a revised payment deadline had been reached between the parties.

What did the court decide?

The writ petition was dismissed as infructuous following the conclusion of a One Time Settlement.

Nazeena T.H. Vs Authorized Officer — Kerala HC (2023) — LawSathi Research

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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 N.NAGARESH

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TUESDAY, THE 19^TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA, 1945

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WP(C) NO. 22507 OF 2022

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PETITIONERS:

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1 NAZEENA T.H. AGED 49 YEARS W/O. LATE NAZARUDEEN P., AGED 49 YEARS, KINARUVILA VEEDU, MANAKKARA, SASTHAMCOTTA P.O., KOLLAM DISTRICT,, PIN - 690521 2 NESRIN FATHIMA AGED 18 YEARS D/O. LATE NAZARUDEEN P., KINARUVILA VEEDU, MANAKKARA, SASTHAMCOTTA P.O., KOLLAM DISTRICT, PIN - 690521 3 ADAM BIN NAZAR AGED 9 YEARS S/O. LATE NAZARUDEEN P., KINARUVILA VEEDU, MANAKKARA, SASTHAMCOTTA P.O., KOLLAM DISTRICT, PIN-690 521, MINOR, REPRESENTED BY HIS NATURAL GUARDIAN AND MOTHER, NAZEENA T.H., W/O. LATE NAZARUDEEN P., AGED 49 YEARS, KINARUVILA VEEDU, MANAKKARA, SASTHAMCOTTA P.O., KOLLAM DISTRICT, PIN - 690521 BY ADVS. BABU JOSEPH KURUVATHAZHA MOHAMMED SHAFI.K K.S.ARCHANA

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RESPONDENTS:

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1 AUTHORIZED OFFICER CHIEF MANAGER, RASMEC, KOTTARAKKARA, STATE BANK OF INDIA, KOTTARAKKARA P.O., KOLLAM DISTRICT,SASTHAMCOTTA P.O., KOLLAM DISTRICT,, PIN – 690001

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WP(C) NO.22507 Of 2022

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2 BRANCH MANAGER STATE BANK OF INDIA, SASTHAMCOTTAH BRANCH, KOLLAM DISTRICT, PIN – 690521 BY ADV R.S.KALKURA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.22507 Of 2022

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JUDGMENT

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Dated this the 19^th day of December, 2023

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The petitioners approached this Court seeking to quash Ext.P4 and to command the respondents to consider and dispose of Ext.P5 representation with notice to the petitioners.

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When the writ petition came up for hearing today, Standing Counsel representing the respondents submitted that a One Time Settlement has been arrived at between the petitioners and the Bank and the petitioners have been granted time till 28.02.2024 for paying the OTS amount of ₹25 lakhs.

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In view of the One Time Settlement entered into

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between the parties, this writ petition has become infructuous.

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Accordingly, the writ petition is dismissed as infructuous.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.22507 Of 2022

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APPENDIX OF WP(C) 22507/2022

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PETITIONER EXHIBITS

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Exhibit1 TRUE COPY OF THE DEATH CERTIFICATE OF THE LATE HUSBAND OF THE 1ST PETITIONER, NAZARUDEEN P., DATED 14.2.2019, ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS, THIRUVANANTHAPURAM CORPORATION. Exhibit2 TRUE COPY OF THE NOTICE DATED 13.8.2019 ISSUED BY THE 1ST RESPONDENT. Exhibit3 TRUE COPY OF THE RELEVANT PAGES OF THE STATEMENT OF ACCOUNT PERTAINING TO THE REMITTANCE MADE ON 31.3.2022 AND 4.4.2022 IN THE ACCOUNT MAINTAINED WITH THE 2ND RESPONDENT.

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Exhibit4 TRUE COPY OF THE NOTICE DATED 29.6.2022 ISSUED BY THE LEARNED ADVOCATE COMMISSIONER APPOINTED IN M.C. NO.300/2020.

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Exhibit5 TRUE COPY OF THE REPRESENTATION DATED 5.7.2022 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS.

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RESPONDENT EXHIBITS EXHIBIT R1 ( A ) TRUE COPY OF THE LETTER OF OFFER DATED 25.03.2022 SUBMITTED BY THE PETITIONER TO THE RESPONDENT

Nazeena T.H. v. Authorized Officer

Case brief

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Nazeena T.H. v. Authorized Officer

Case brief

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