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Aju Mohan vs the Manager

Aju Mohan vs The Manager

Type Court Judgment Court Kerala Decided Jan 19, 2023
~2 min read
https://sooperkanoon.com/case/1379233

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/26211/2022

Parties & Advocates

Appellant / Petitioner

Aju Mohan

Respondent

The Manager

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice gopinath p. thursday, the 19th day of january 2023 / 29th pousha, 1944 wp(c) no. 26211 of 2022 petitioner: aju mohan aged 37 years, s/o. mohanan g, erandackal house, market p.o., by adv k.a.salil narayanan respondents: 1 the manager state bank of india, muvattupuzha branch (8652) 2 the authorised officer rasmec branch, pearl tower, velloorkunnam, market p o , muvattupuzha, pin - 686673 by advs. ambily s k.k.chandran pillai (sr.)(c-41)other present: adv. s easwaran (sc) this writ petition (civil) having come up for admission on 19.01.2023, the court on the same day delivered the following: w.p (c) no.26211/2022 -2-judgmentpetitioner has approached this court challenging proceedings initiated against the petitioner under the provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act (hereinafter referred to as the sarfaesi act) to recover the amounts due under an education loan availed by the petitioner.2. when this matter is taken up for consideration, it is the submission ofthe learned counsel appearing for the respondent bank that taking into account the amounts paid by the petitioner in terms of the interim order issued by this court and other payments made by the petitioner, the account has come out of the npa status and the petitioner can be permitted to continue servicing the loan by paying the regular installments in time.3. taking into consideration the submissions of the learned counsel for the respondent bank, this writ petition is closed, as no further orders are necessary in this writ petition.sd/- gopinath p. judge amg w.p (c) no.26211/2022 -3- appendix of wp(c) 26211/2022 petitioner exhibits exhibit p1 copy of the judgment in writ petition no: 304/2022 exhibit p2 copy of the notice

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 19TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944 WP(C) NO. 26211 OF 2022 PETITIONER: AJU MOHAN AGED 37 YEARS, S/O. MOHANAN G, ERANDACKAL HOUSE, MARKET P.O., BY ADV K.A.SALIL NARAYANAN RESPONDENTS: 1 THE MANAGER STATE BANK OF INDIA, MUVATTUPUZHA BRANCH (8652) 2 THE AUTHORISED OFFICER RASMEC BRANCH, PEARL TOWER, VELLOORKUNNAM, MARKET P O , MUVATTUPUZHA, PIN - 686673 BY ADVS. Ambily S K.K.CHANDRAN PILLAI (SR.)(C-41)

OTHER PRESENT: ADV. S EASWARAN (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.26211/2022 -2-

JUDGMENT

Petitioner has approached this Court challenging proceedings initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the SARFAESI Act) to recover the amounts due under an Education loan availed by the petitioner.

2. When this matter is taken up for consideration, it is the submission of

the learned counsel appearing for the respondent bank that taking into account the amounts paid by the petitioner in terms of the interim order issued by this court and other payments made by the petitioner, the account has come out of the NPA status and the petitioner can be permitted to continue servicing the loan by paying the regular installments in time.

3. Taking into consideration the submissions of the learned counsel for the respondent bank, this writ petition is closed, as no further orders are necessary in this writ petition.

Sd/- GOPINATH P. JUDGE AMG W.P (C) No.26211/2022 -3- APPENDIX OF WP(C) 26211/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE JUDGMENT IN WRIT PETITION NO: 304/2022 Exhibit P2 COPY OF THE NOTICE

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