Writ petition against the bank's SARFAESI recovery measures. The respondent bank reported that a One Time Settlement Scheme was accepted and its terms complied with by the petitioner. Nothing further survived for consideration and the writ petition was closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945
WP(C) NO. 6346 OF 2021
PETITIONER/S:
GRETTA SUNNY
AGED 43 YEARS
W/O.C.D.SUNNY, CHIRAMEL HOUSE, THACHAMPILLY, 1ST
STREET, ARIMBUR, VELUTHUR P.O., THRISSUR-6680 012.
BY ADVS.
VINAY RAMDAS
K.B.ANAMIKA(K/860/2005)
RESPONDENT/S:
1INDIAN BANK
(ALLAHABAD BANK BEFORE MERGER), THRISSUR BRANCH,
CENTRE POINT, M.G.ROAD, THRISSUR, PIN,
REPRESENTED BY ITS AUTHORISED OFFICER.
2 AUTHORISED OFFICER, INDIAN BANK, (ALLAHABAD BANK BEFORE MERGER), THRISSUR BRANCH, CENTRE POINT, M.G.ROAD, THRISSUR, PIN-682 035.SRI. S EASWARAN (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6346 OF 2021 2
JUDGMENT
When this matter is taken up for consideration today, learned counsel appearing for the respondent bank would submit that a One Time Settlement Scheme was offered to the petitioner and the petitioner has complied with the terms of the One Time Settlement.
In the light of the above submission, nothing further survives for consideration in this writ petition. Accordingly, the writ petition is closed.
Sd/-
GOPINATH P.
JUDGE
ajt
WP(C) NO. 6346 OF 2021 3
APPENDIX OF WP(C) 6346/2021
PETITIONER EXHIBITS |
|
|---|---|
EXHIBIT P1 |
TRUE PRINTOUT OF LETTER NO.KERALASLBC/61/103/GN/2018 DATED 21.08.2018 FROMSTATE LEVEL BANKERS' COMMITTEE TO MEMBERBANKS. |
EXHIBIT P2 |
TRUE PRINT OUT OF LETTER NO.KERALASLBC/NC/1/MA/2019 DATED 03.09.2019 FROM STATELEVEL BANKERS' COMMITTEE TO MEMBER BANKS. |
EXHIBIT P3 |
TRUE COPY OF NOTICE DATED 19.12L.2019 UNDERSECTION 13(2) OF SARFAESI ACT ISSUED BYALLAHABAD BANK TO THE PETITIONER. |
EXHIBIT P4 |
TRUE COPY OF STATEMENT OF ACCOUNT ON LOANACCOUNT NUMBER 50284839743 OF THE PETITIONERFOR THE PERIOD FROM 17.06.2015 TO 10.02.2021ISSUED BY THE RESPONDENT BANK. |
Exhibit P5 |
TRUE COPY OF THE ACCOUNT STATEMENT FORPETITIONER'S LOAN A/C. NO.50284839743 FOR THEPERIOD FROM 01.01.2021 TO 17.01.2022. |
Exhibit P6 |
TRUE COPY OF THE ACCOUNT STATEMENT FORPETITIONER'S LOAN A/C. NO.50367849998 FOR THEPERIOD FROM 01.01.2021 TO 17.01.2022. |
Exhibit P7 |
TRUE COPY OF THE ACCOUNT STATEMENT FORPETITIONER'S OD ACCOUNT NO.50430441273 FORTHE PERIOD FROM 01.01.2021 TO 17.01.2022. |
Exhibit P8 |
TRUE COPY OF THE ACCOUNT STATEMENT FORPETITIONER'S PMEGP (ISB) LOAN FACILITY UNDERACCOUNT NO.50430418801 FOR THE PERIOD FROM01.01.2021 TO 17.01.2022. |
Exhibit P9 |
TRUE COPY OF THE NOTICE OF INTENDED SALEDATED 15.12.2021 UNDER RULE 6(2) AND 8(6) OFTHE SARFAESI ACT, 2002. |
1 issue framed by the court
Whether the writ petition challenging SARFAESI proceedings survives after the petitioner complied with the One Time Settlement offered by the bank?
2 provisions across 1 enactments
GRETTA SUNNY
INDIAN BANK (ALLAHABAD BANK BEFORE MERGER), THRISSUR BRANCH
AUTHORISED OFFICER, INDIAN BANK, THRISSUR BRANCH
GOPINATH P.
As recorded by the court registry
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