Lisamma Sam v. The Authorised Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 24553 of 2014 (T) ---------------------------- PETITIONER(S):
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1. LISAMMA SAM AGED 48 YEARS W/O. SAM THOMAS, PROPRIETRESS SONY TIMBERS PUTHIYAKAVU, THRIPUNITHURA, PANIKKASSERY HOUSE APPOLO ROAD, THAMMANAM - 682 032.
2. SAM THOMAS AGED 55 YEARS S/O. THOMAS, PANIKKASSERY HOUSE, APPOLO ROAD THAMMANAM -P.O., EDAPALLY SOUTH VILLAGE KANAYANNUR TALUK BY ADVS.SRI.JOHNSON ABRAHAM SRI.NELSON ABRAHAM RESPONDENT(S):
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1. THE AUTHORISED OFFICER CHIEF MANAGER, THE FEDERAL BANK LIMITED HILL PALACE ROAD, TRIPUNITHURA- 682 301.
2. BRANCH MANAGER, THE FEDERAL BANK LIMITED, HILL PALACE ROAD TRIPUNITHURA- 682 301.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24553 of 2014 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1COPY OF THE NOTICE UNDER SECTION 13 (2) OF THE SARFAESI ACT DATED 18/10/2012.
EXHIBIT-P2COPY OF THE REPLY LAWYER NOTICE DATED 16/12/2012 ISSUED BY THE PETITIONERS TO THE IST RESPONDENT.
EXHIBIT-P3COPY OF THE REPLY NOTICE DATED 27/12/2012 ISSUED BY THE RESPONDENTS.
EXHIBIT-P4COPY OF THE POSSESSION NOTICE DATED 15/02/2013 AFFIXED BY THE RESOPONDENTS.
RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV
ANIL K. NARENDRAN, J.
------------------------------- W.P.(C) No.24553 of 2014 ---------------------------------------------- Dated this the 06th day of October, 2015
JUDGMENT
The petitioner, who availed a cash credit facility with a limit up to Rupees Twenty five lakhs from the respondent Bank, has approached this Court in this writ petition seeking a writ of certiorari to quash Ext.P1 notice issued under Section 13(2) of the SARFAESI Act and Ext.P4 possession notice issued under Rule 8(1) of the Rules made thereunder.
2. By order dated 22.09.2014 this Court directed the respondents to maintain status quo with regard to dispossession for a period of two weeks subject to the satisfaction of Rupees Five lakhs on or before 30.09.2014.
3. Today, when the case was taken up for further consideration, the learned counsel for the petitioner would submit that the petitioner has already cleared the entire liability and the loan account has also been closed.
In such circumstances, nothing survives in this writ petition and the same is dismissed.
SD/- ANIL K. NARENDRAN, JV JUDGE