High Court of KeralaWP(C)/36883/2009dismissed as infructuous

T.D.Shelly v. The Bank Of India, Cochin

2015-07-14Honourable Mr. Justice A.Muhamed Mustaque2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 WP(C).No. 36883 of 2009 (E) ---------------------------- PETITIONER(S):

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1. T.D.SHELLY, S/O.DEVASSY, AGED 38 YEARS, THENGAPURACKAL HOUSE, CHIRAKKAM MURI, VARAPPUZHA VILLAGE, NORTH PARAVUR TALUK.

2. FRANCY K.F., W/O.T.D.SHELLY, THENGAPURACKAL HOUSE, KUNJITHAI, VADAKKEKKARA P.O.,NORTH PARAVUR.

BY ADV. SRI.PAUL VARGHESE RESPONDENT(S):

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1. THE BANK OF INDIA, ZONAL OFFICE, KERALA ZONE, KALOOR TOWERS, KALOOR-KADAVANTHRA ROAD, COCHIN-17.

2. THE BANK OF INDIA, EZHIKKARA BRANCH, EZHIKKARA P.O., NORTH PARAVUR.

R1 & R2 BY ADV. SRI.KODOTH SREEDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.36883 of 2009 ****************************************************************************** Dated this the 14th day of July, 2015

JUDGMENT

This writ petition is filed challenging SARFAESI proceedings. This Court passed an interim order on 21.12.2009 as follows: "Standing Counsel for the respondent Bank seeks time to get instructions. Dispossession of the petitioners from the property shall be kept in abeyance for a period of one month on condition of the petitioners remitting a sum of Rs.75,000/- within a period of two weeks from today."

Thereafter, no order has been passed by this Court in this matter. Considering the above, this Court is of the view that nothing further survives in this matter. Accordingly, this writ petition is dismissed as infructuous.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln