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Vanith Kumar vs Union Bank of India

Vanith Kumar vs Union Bank of India

Type Court Judgment Court Kerala Decided Mar 30, 2022
~2 min read
https://sooperkanoon.com/case/1444005

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/1872/2022

Parties & Advocates

Appellant / Petitioner

Vanith Kumar

Respondent

Union Bank of India

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas wednesday, the 30th day of march 2022 / 9th chaithra, 1944 petitioner: vanith kumar aged 43 years s/o. bambrana thimappa, shanthipalla house, kumbla p.o, koipady village, manjeshwar taluk, kasaragod district pin 671 321 by advs. p.sreekumar aswin kumar m j renoy vincent helen p.a. arun roy shahir showkath ali respondents: 1 union bank of india kasargode branch, (erstwhile corporation bank), 1st floor, dhanvantari centre, m g road, kasargode, pin 671 121 represented by its branch manager 2 the authorised officer union bank of india, regional office, kozhikode , kshb complex vikas nagar, chakkorathukulam, kozhikode 673 3 v vikram pai s/o. saarvotham pai, ragunath kripa, anil kumble road, kumbala p.o, koipady village, manjeshwar taluk, kasargod district, pin 671 321 other present: a.s.p.kurup -s.c this writ petition (civil) having come up for admission on 30.03.2022, the court on the same day delivered the following:bechu kurian thomas, j.=========================== w.p.(c) no.1872 of 2022 ============================ dated this the 30th day of march, 2022judgmentthe counsel for the respondents submitted that the sale scheduled as per ext.p3 did not take place due to the absence of bidders.2. the said submission is recorded and the writ petitionis closed, reserving the liberty of the petitioner to move before the appropriate forum, as and when the cause of action arises. sd/- bechu kurian thomas judge ssa/ appendix of wp(c) 1872/2022 petitioner’s exhibits exhibit p1 a true copy of the agreement entered into on 18-3-2017, between for the investment of rs 25 lakhs by the petitioner exhibit p2 a true copy of the promissory note issued by the 3rd respondent dated 30-09-2021 exhibit p3 a true copy of the notice dated 14-12-2021 issued by the 2nd respondent exhibit p4 a true copy of the communication issued to the respondent bank

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 30TH DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 PETITIONER: VANITH KUMAR AGED 43 YEARS S/O. BAMBRANA THIMAPPA, SHANTHIPALLA HOUSE, KUMBLA P.O, KOIPADY VILLAGE, MANJESHWAR TALUK, KASARAGOD DISTRICT PIN 671 321 BY ADVS. P.SREEKUMAR ASWIN KUMAR M J RENOY VINCENT HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI RESPONDENTS: 1 UNION BANK OF INDIA KASARGODE BRANCH, (ERSTWHILE CORPORATION BANK), 1ST FLOOR, DHANVANTARI CENTRE, M G ROAD, KASARGODE, PIN 671 121 REPRESENTED BY ITS BRANCH MANAGER 2 THE AUTHORISED OFFICER UNION BANK OF INDIA, REGIONAL OFFICE, KOZHIKODE , KSHB COMPLEX VIKAS NAGAR, CHAKKORATHUKULAM, KOZHIKODE 673 3 V VIKRAM PAI S/O. SAARVOTHAM PAI, RAGUNATH KRIPA, ANIL KUMBLE ROAD, KUMBALA P.O, KOIPADY VILLAGE, MANJESHWAR TALUK, KASARGOD DISTRICT, PIN 671 321 OTHER PRESENT: A.S.P.KURUP -S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

=========================== W.P.(C) No.1872 of 2022 ============================ Dated this the 30th day of March, 2022

JUDGMENT

The counsel for the respondents submitted that the sale scheduled as per Ext.P3 did not take place due to the absence of bidders.

2. The said submission is recorded and the writ petition

is closed, reserving the liberty of the petitioner to move before the appropriate forum, as and when the cause of action arises. Sd/- BECHU KURIAN THOMAS JUDGE ssa/ APPENDIX OF WP(C) 1872/2022 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE AGREEMENT ENTERED INTO ON 18-3-2017, BETWEEN FOR THE INVESTMENT OF RS 25 LAKHS BY THE PETITIONER Exhibit P2 A TRUE COPY OF THE PROMISSORY NOTE ISSUED BY THE 3RD RESPONDENT DATED 30-09-2021 Exhibit P3 A TRUE COPY OF THE NOTICE DATED 14-12-2021 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE COMMUNICATION ISSUED TO THE RESPONDENT BANK

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