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Arjun V S vs the Indian Over Seas Bank ,Rep. by Its Manager

Arjun V S vs The Indian Over Seas Bank ,Rep. by Its Manager

Type Court Judgment Court Kerala Decided Dec 06, 2023
~2 min read
https://sooperkanoon.com/case/1408336

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/39456/2023

Parties & Advocates

Appellant / Petitioner

Arjun V S

Respondent

The Indian Over Seas Bank ,Rep. by Its Manager

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice n.nagaresh wednesday, the 6th day of december 2023/15th agrahayana, 1945 wp(c) no. 39456 of 2023 petitioners: 1 arjun v s aged 52 years s/o sankaran, vilakkatharavalappil (h), r s colony, wadakkanchery, thrissur, pin - 680623. 2 beena k.a aged 47 years, w/o mr.arjunan v.s, vilakkatharavalappil (h), r s colony, wadakkanchery, thrissur, pin - 680623. by adv k.v.rashmi respondents: 1 the indian over seas bank , rep. by its manager 2 the authorized officer, indian over seas bank by adv.sri.sunil shankar this writ petition (civil) having come up for admission on 06.12.2023, the court on the same day delivered the following: :2:judgmentdated this the 6th day of december, 2023 after arguing the matter for a considerable time, the petitioners seek leave to approach the debts recovery tribunal to redress the grievance of the petitioners. granting such liberty, the writ petition is dismissed. sd/- n. nagaresh judge ams :3: appendix of wp(c) 39456/2023 petitioner exhibits exhibit-p1 a true of the judgment in wp(c) no. exhibit-p2 a true copy of the notice of sale of immovable assets dated 27.04.2022 issued by the 1st respondent exhibit-p3 a true copy of the representation dated 06.06.2022 submitted by the 2nd petitioner exhibit-p4 a true copy of the ots application submitted by the 1st petitioner dated 06.06.2022 exhibit-p5 a true copy of the notice dated 05.09.2022 issued by the bank is exhibit-p6 a true copy of the communication dated 22.12.2022 issued by the 1st respondent exhibit-p7 a true copy of the judgement in wp(c) no. 6255/2023 dated 25.09.2023 exhibit-p8 a true copy of the statement issued by the bank dated 20.10.2023 exhibit-p9 a true copy of the communication dated 10.11.2023 issued by the bank exhibit -p10 a true copy of the circular issued by the reserve bank of india dated 08.06.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 6TH DAY OF DECEMBER 2023/15TH AGRAHAYANA, 1945 WP(C) NO. 39456 OF 2023 PETITIONERS: 1 ARJUN V S AGED 52 YEARS S/O SANKARAN, VILAKKATHARAVALAPPIL (H), R S COLONY, WADAKKANCHERY, THRISSUR, PIN - 680623. 2 BEENA K.A AGED 47 YEARS, W/O MR.ARJUNAN V.S, VILAKKATHARAVALAPPIL (H), R S COLONY, WADAKKANCHERY, THRISSUR, PIN - 680623. BY ADV K.V.RASHMI RESPONDENTS: 1 THE INDIAN OVER SEAS BANK , REP. BY ITS MANAGER 2 THE AUTHORIZED OFFICER, INDIAN OVER SEAS BANK BY ADV.SRI.SUNIL SHANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

JUDGMENT

Dated this the 6th day of December, 2023 After arguing the matter for a considerable time, the petitioners seek leave to approach the Debts Recovery Tribunal to redress the grievance of the petitioners. Granting such liberty, the writ petition is dismissed. Sd/- N. NAGARESH JUDGE ams :3: APPENDIX OF WP(C) 39456/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE OF THE JUDGMENT IN WP(C) NO. Exhibit-P2 A TRUE COPY OF THE NOTICE OF SALE OF IMMOVABLE ASSETS DATED 27.04.2022 ISSUED BY THE 1ST RESPONDENT Exhibit-P3 A TRUE COPY OF THE REPRESENTATION DATED 06.06.2022 SUBMITTED BY THE 2ND PETITIONER Exhibit-P4 A TRUE COPY OF THE OTS APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 06.06.2022 Exhibit-P5 A TRUE COPY OF THE NOTICE DATED 05.09.2022 ISSUED BY THE BANK IS Exhibit-P6 A TRUE COPY OF THE COMMUNICATION DATED 22.12.2022 ISSUED BY THE 1ST RESPONDENT Exhibit-P7 A TRUE COPY OF THE JUDGEMENT IN WP(C) NO. 6255/2023 DATED 25.09.2023 Exhibit-P8 A TRUE COPY OF THE STATEMENT ISSUED BY THE BANK DATED 20.10.2023 Exhibit-P9 A TRUE COPY OF THE COMMUNICATION DATED 10.11.2023 ISSUED BY THE BANK Exhibit -P10 A TRUE COPY OF THE CIRCULAR ISSUED BY THE RESERVE BANK OF INDIA DATED 08.06.2023

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