High Court of KeralaWP(C)/27298/2015disposed of

K Vijayakumary v. The Federal Bank Ltd

2015-10-27Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 27298 of 2015 (J) ------------------------------------------ PETITIONER(S) :

------------------------- K.VIJAYAKUMARY, AGED 60 YEARS, W/O.T.BHASKARAN, VINOD BHAWAN, MYLOTE, KOLLODE.P.O., MALAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.D.ROBINSON RESPONDENT(S) :

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

1. THE FEDERAL BANK LTD., ZONAL OFFICE, FEDERAL TOWERS, STATUE, THIRUVANANTHAPURAM- 695 001, REPRESENTED BY ITS AUTHORIZED OFFICER - THE CHIEF MANAGER.

2. THE BRANCH MANAGER, THE FEDERAL BANK LTD., KALLIKKAD BRANCH, VIA.KATTAKADA, THIRUVANANTHAPURAM- 695 001.

BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 27298 of 2015 (J) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1: TRUE COPY OF THE NOTICE DATED 30.07.2015 ISSUED BY THE ADVOCATE COMMISSIONER.

EXHIBIT P2: TRUE COPY OF THE ORDER DATED 11.06.2015 IN M.C.NO.576/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.K.JAYASANKARAN NAMBIAR, J.

W.P.(C).No.27298 of 2015 ............................................................. Dated this the 27th day of October, 2015 J U D G M E N T The petitioner has approached this Court through the present writ petition, aggrieved by the steps initiated by the respondent bank under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the 'SARFAESI Act' for recovery of the loan amounts from the petitioner. When the matter was called up today in the admission list, it was submitted by the learned Standing counsel for the respondent bank that the respondent bank has dropped the SARFAESI proceedings initiated against the petitioner in view of the pendency of R.F.A.No.165 of 2007 before this Court.

It is further submitted that the respondent bank contemplates further steps under the SARFAESI Act only after disposal of R.F.A.No.165 of 2007 by this Court. Taking note of the said submission of counsel for the respondent bank, I find that, the grievance of the petitioner in the writ petition stands redressed. Accordingly, the writ petition is closed by noting the submission of counsel for the respondent bank that the proceedings against the petitioner under the SARFAESI Act have been dropped.

A.K.JAYASANKARAN NAMBIAR JUDGE mns/27.10.2015