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Sujith K vs the Branch Manager

Sujith K vs The Branch Manager

Type Court Judgment Court Kerala Orders Decided May 28, 2024
~2 min read
https://sooperkanoon.com/case/1310051

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
WP(C)/6398/2024

Parties & Advocates

Appellant / Petitioner

Sujith K

Respondent

The Branch Manager

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice n.nagaresh tuesday, the 28th day of may 2024 / 7th jyaishta, wp(c) no. 6398 of 2024 petitioner: sujith k aged 44 years s/o.balan, nil thimiri village, taliparamba, kannur,, pin - 670 581. by adv shibu joseph respondents: 1 the branch manager 2 authorised officer this writ petition (civil) having come up for admission on 28.05.2024, the court on the same day delivered the following: :2:judgmentdated this the 28th day of may, 2024 the petitioner approached this court seeking to quashexhibits p1 and p2 notices issued by the icici home finance company limited, invoking the provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 and to direct the respondents to regularize the loan account and to permit the petitioner to remit the outstanding amount required for such regularisation, in 14 equal monthly installments.2. when this writ petition came up for admission, thiscourt issued urgent notice on admission to the respondents and an interim order was granted staying further proceedings pursuant to ext.p2 on condition that the petitioner remits an amount of ₹ 3 lakhs within one month.3. after getting the interim order, the petitioner has not taken out process for sending notice to the respondents. the petitioner has failed to take out process inspite of lapse of more than 3 months.:3: in the circumstances, this writ petition is dismissed for non-prosecution. sd/- n. nagaresh judge aj :4: appendix of wp(c) 6398/2024 petitioner exhibits exhibit p1 true copy of notice issued to the petitioner dated 12-5-2023. exhibit p2 true copy of the notice dated 31-1- 2024 issued by the advocate commissioner.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, WP(C) NO. 6398 OF 2024 PETITIONER: SUJITH K AGED 44 YEARS S/O.BALAN, NIL THIMIRI VILLAGE, TALIPARAMBA, KANNUR,, PIN - 670 581. BY ADV SHIBU JOSEPH RESPONDENTS: 1 THE BRANCH MANAGER 2 AUTHORISED OFFICER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

JUDGMENT

Dated this the 28th day of May, 2024 The petitioner approached this Court seeking to quash

Exhibits P1 and P2 notices issued by the ICICI Home Finance Company Limited, invoking the provisions of the Securitisation and Reconstruction of Financial assets and Enforcement of Security Interest Act, 2002 and to direct the respondents to regularize the loan account and to permit the petitioner to remit the outstanding amount required for such regularisation, in 14 equal monthly installments.

2. When this writ petition came up for admission, this

Court issued urgent notice on admission to the respondents and an interim order was granted staying further proceedings pursuant to Ext.P2 on condition that the petitioner remits an amount of ₹ 3 lakhs within one month.

3. After getting the interim order, the petitioner has not taken out process for sending notice to the respondents. The petitioner has failed to take out process inspite of lapse of more than 3 months.

:3: In the circumstances, this writ petition is dismissed for non-prosecution. Sd/- N. NAGARESH JUDGE AJ :4: APPENDIX OF WP(C) 6398/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE ISSUED TO THE PETITIONER DATED 12-5-2023. Exhibit P2 TRUE COPY OF THE NOTICE DATED 31-1- 2024 ISSUED BY THE ADVOCATE COMMISSIONER.

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