Petitioner challenged coercive recovery action after loan regularisation. Court accepted submission that dues were cleared and account stood regularised. Writ petition disposed of without further orders under SARM Act.
No further orders necessary; writ petition disposed of as submission that loan is regularised stands accepted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 858 OF 2024
PETITIONER:
SHIJU P.B
AGED 46 YEARS, S/O. M.S.BABU,
RESIDING AT KAROTTUPARAMBIL HOUSE,
EROOR NORTH P.O., THRIPUNITHURA,
ERNAKULAM DISTRICT, PIN – 682 306.
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENTS:
1THE AUTHORIZED OFFICER/GENERAL MANAGER
PEOPLES URBAN CO-OPERATIVE BANK LTD. NO.51,
HEAD OFFICE, THRIPUNITHURA,
ERNAKULAM DISTRICT, PIN – 682 301.
2THE MANAGER
PEOPLES URBAN CO-OPERATIVE BANK LTD. NO.51,
EROOR BRANCH, EROOR, THRIPUNITHURA,
ERNAKULAM DISTRICT, PIN – 682 306.
BY ADVS.
DEVAPRASANTH P.J, STANDING COUNSEL
SMINI JOSE(K/262/2015)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.858 of 2024
: 2 :
JUDGMENT
Dated this the 8th day of February, 2024
Counsel on either side submitted that the petitioner has paid the entire due to the Bank and the loan account stands regularised. Therefore, there is no question of proceeding with coercive action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 as of now. In view of the above, no further orders are necessary in this writ petition.
Recording the said submission, the writ petition is
disposed of.
Sd/- N. NAGARESH JUDGE
AMR
W.P.(C) No.858 of 2024
: 3 :
APPENDIX OF WP(C) 858/2024
PETITIONER’S EXHIBITS
Exhibit-P1
THE TRUE COPY OF THE RELEVANT PORTION
OF THE LOAN PASS BOOK ISSUED BY THE
SECOND RESPONDENT IN RESPECT OF LOAN
ACCOUNT NO.ML 093103202200031.
Exhibit-P2
THE TRUE COPY OF THE RELEVANT PORTION
OF THE LOAN PASS BOOK ISSUED BY THE
SECOND RESPONDENT IN RESPECT OF LOAN
ACCOUNT NO.ML 093103202300023.
Exhibit-P3
THE TRUE COPY OF THE NOTICE BEARING
REFERENCE NO.ML 093103202300023 DATED
25/8/2023 ISSUED BY THE FIRST
RESPONDENT TO THE PETITIONER AND HIS
WIFE.
Exhibit-P4
THE TRUE COPY OF THE NOTICE BEARING
REFERENCE NO.ML 093103202300023 DATED
20/12/2023 ISSUED BY THE FIRST
RESPONDENT TO THE PETITIONER AND HIS
WIFE.
Shiju P.B
The Authorized Officer/General Manager, Peoples Urban Co-Operative Bank Ltd.
The Manager, Peoples Urban Co-Operative Bank Ltd.
N. Nagaresh
As recorded by the court registry
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