Younus Kunju v. State Bank Of Travancore

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 193 PETITIONER(S):

---------------------- A.YOUNUS KUNJU, PROPRIETOR, M/S.YOUNUS CASHEW INDUSTRIES, SHAJAHAN MANZIL, VADAKKEVILA P.O., KOLLAM-691 010. BY ADVS.SRI.M.R.ANISON SMT.K.P.GEETHA MANI SMT.V.BHARGAVI (PANANGAD) RESPONDENT(S):

-------------------------

1. STATE BANK OF TRAVANCORE, REPRESENTED BY GENERAL MANAGER, HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM - 695 012.

2. STATE BANK OF TRAVANCORE, KOLLAM MAIN BRANCH, BISHOP JERMOE NAGAR, KOLLAM - 691 001.

3. THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI - 600 001.

R1-R2 BY ADV. SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1. A TRUE COPY OF THE LETTER DATED 20/1/2005 ISSUED BY THE 2ND RESPONDENT BANK.

P2. A TRUE COPY OF THE IA NO.150/2005 IN OA NO.38/2004 FILED BEFORE THE DRT DATED 29/1/2005.

P3. A TRUE COPY OF THE FINAL ORDER DATED 1/2/2005 IN OA NO.38/2004 ISSUED BY THE DRT, ERNAKULAM.

P4. A TRUE COPY OF THE LETTER DATED 6/10/2006 SENT BY THE 2ND RESPONDENT BANK.

P5. A TRUE COPY OF THE LETTER DATED 12/10/2006 ADDRESSED TO THE 2ND RESPONDENT.

P6. A TRUE COPY OF THE LETTER DATED 10/1/2007 ISSUED BY THE 2ND RESPONDENT.

P7. A TRUE COPY OF THE LETTER DATED 22/2/2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

P8. A TRUE COPY OF THE APPLICATION (EXCLUDING ANNEXURES) FILED BY THE PETITIONER IN IA 2015/2007 IN OA NO.38/2004 BEFORE THE DRT, ERNAKULAM. P9. A TRUE COPY OF THE ORDER DATED 7/8/2009 IN IA 2015/2007 IN OA NO.38/2004 PASSED BY THE DRT, ERNAKULAM.

P10. A TRUE COPY OF THE LETTER DATED 23/12/2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

P11. A TRUE COPY OF THE LETTER DATED 24/12/2013 ISSUED BY THE 2ND RESPONDENT BANK.

P12. A TRUE COPY OF THE ORDER DATED 7/2/2014 IN MA NO.34/2012 PASSED BY THE 3RD RESPONDENT.

P13. A TRUE COPY OF THE LAWYER NOTICE DATED 3/8/2014 ADDRESSED TO THE 1ST RESPONDENT.

P14. A TRUE COPY OF THE LETTER DATED 19/8/2014 ADDRESSED TO THE 2ND RESPONDENT.

P15. A TRUE COPY OF THE LAWYER NOTICE DATED 10/11/2014 ADDRESSED TO THE 1ST RESPONDENT.

Msv/ -2-

-2RESPONDENT(S)' EXHIBITS:

----------------------------------------- EXT.R1(A): TRUE COPY OF THE EXTRACT OF THE WEB-PAGE INDICATING REMOVAL OF THE PETITIONER'S CONCERN'S NAME FROM THE LIST OF WILLFUL DEFAULTERS AT THE RESPONDENT-BANK'S WEBSITE.

//TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.14848 of 2015 ******************************************************* Dated this the 6th day of July, 2015

JUDGMENT

It is submitted by the Standing Counsel for the respondent Bank that the entire amount has been transferred to the petitioner's account. Recording the above submission, this writ petition is closed.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln