High Court of KeralaWP(C)/19420/2015disposed of

T.V. Harikumar v. Syndicate Bank

2015-07-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No. 19420 of 2015 (B) ------------------------------------------ PETITIONER(S) :

------------------------- T.V.HARIKUMAR, AGED 51 YEARS, S/O.VISWAMBHARAN, PADATHARA HOUSE, P.S. ROAD, OFF AZAD ROAD, KALOOR, KOCHI- 17.

BY ADV. SMT.C.G.AJITHA RESPONDENT(S) :

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

1. SYNDICATE BANK, REPRESENTED BY BRANCH MANAGER, BANERJEE ROAD BRANCH, ERNAKULAM- 682 018.

2. RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, MUMBAI- 400 001 R1 BY ADV. SRI.R.S. KALKURA, S.C, SYNDICATE BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 19420 of 2015 (B) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: PHOTOGRAPH OF THE RECEIPT FOR AN AMOUNT OF RS.2,75,000/- ISSUED BY THE RESPONDENT BANK DATED 28/09/2013. EXHIBIT P2: TRUE COPY OF THE NOTICE NIL DATED RECEIVED BY THE PETITIONER FROM THE RESPONDENT BANK.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- EXHIBIT R1(A):

THE TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING THE RECEIPT OF THE NOTICE ISSUED BY THE BANK BY THE PETITIONER.

//TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.19420 of 2015 ****************************************************************************** Dated this the 8th day of July, 2015

JUDGMENT

The petitioner approached this Court apprehending sale of the gold ornaments pledged with the respondent Bank. 2.

In this matter, a counter affidavit has been filed. It is stated in the counter affidavit that no steps were taken to sell the gold ornaments. It is further submitted that though notice was served on the petitioner, no sale notice was published pertains to the gold loan availed by the petitioner.

In that view of the matter, with liberty to the petitioner to approach this Court again in the event of any sale notice published, this writ petition is closed.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln