Gilbert Moni Vs. State Bank of India - Court Judgment

SooperKanoon Citationsooperkanoon.com/1087056
CourtKerala High Court
Decided OnSep-03-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantGilbert Moni
RespondentState Bank of India
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh tuesday, the 3rd day of september 2013/12th bhadra, 1935 wp(c).no. 17679 of 2012 (h) ---------------------------- petitioner(s): ---------------- gilbert moni, aged 60 years t.c.49/234, anugraha, kallathumukku manacaud p.o., trivandrum. by advs.sri.m.balagovindan sri.t.k.ananda padmanabhan respondent(s): ----------------- 1. state bank of india represented by the assistant general manager retail assets central processing centre (racpc) trivandrum-695 033, lms compound.2. the assistant general manager state bank of india, stressed assets recovery branch child welfare complex, lms compound trivandrum-695033.3. authorised officer state bank of india stressed assets recovery branch (sarb) trivandrum-33. r1 -r3 by adv. sri.r.s.kalkura this writ petition (civil) having been finally heard on 03-09-2013, the court on the same day delivered the following: appendix in w.p.(c) no.17679 of 2012 petitioner(s) exhibits exhibit-p1. true copy of the terms of education loan issued by the 1st respondent dated 20.1.2009 exhibit-p2. true copy of the statement evidencing the above fact issued by the university dated 28th january, 2011. exhibit-p3. true copy of the letter dated 15.12.2011 issued by the 2nd respondent. exhibit-p4. true copy of the default notice dated 20.12.2011. exhibit-p5. true copy of the letter dated 25.04.2012 issued by the petitioner's son to the respondents. exhibit-p6. true copy of the possession notice dated 13.07.2012 along with the paper publication. exhibit-p7. true copy of the guidelines in respect of the educational loan scheme dated 2.5.2001. respondents' exhibits nil. //true copy// p.s. to judge. v.chitambaresh, j.------------------------------- w.p (c) no.17679 of 2012 ------------------------------- dated this the 3rd day of september, 2013 judgment it is submitted on behalf of the first respondent bank that proceedings under the sarfaesi act initiated against the petitioner has been withdrawn. the writ petition challenging the proceedings initiated under the sarfaesi act has therefore become infructuous. the writ petition is disposed of without prejudice to the right of the first respondent bank to initiate proceedings afresh against the petitioner if and when warranted. v.chitambaresh, judge. nj.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF SEPTEMBER 2013/12TH BHADRA, 1935 WP(C).No. 17679 of 2012 (H) ---------------------------- PETITIONER(S): ---------------- GILBERT MONI, AGED 60 YEARS T.C.49/234, ANUGRAHA, KALLATHUMUKKU MANACAUD P.O., TRIVANDRUM. BY ADVS.SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENT(S): ----------------- 1. STATE BANK OF INDIA REPRESENTED BY THE ASSISTANT GENERAL MANAGER RETAIL ASSETS CENTRAL PROCESSING CENTRE (RACPC) TRIVANDRUM-695 033, LMS COMPOUND.

2. THE ASSISTANT GENERAL MANAGER STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH CHILD WELFARE COMPLEX, LMS COMPOUND TRIVANDRUM-695033.

3. AUTHORISED OFFICER STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH (SARB) TRIVANDRUM-33. R1 -R3 BY ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.17679 OF 2012 PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE TERMS OF EDUCATION LOAN ISSUED BY THE 1ST RESPONDENT DATED 20.1.2009 EXHIBIT-P2. TRUE COPY OF THE STATEMENT EVIDENCING THE ABOVE FACT ISSUED BY THE UNIVERSITY DATED 28TH JANUARY, 2011. EXHIBIT-P3. TRUE COPY OF THE LETTER DATED 15.12.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P4. TRUE COPY OF THE DEFAULT NOTICE DATED 20.12.2011. EXHIBIT-P5. TRUE COPY OF THE LETTER DATED 25.04.2012 ISSUED BY THE PETITIONER'S SON TO THE RESPONDENTS. EXHIBIT-P6. TRUE COPY OF THE POSSESSION NOTICE DATED 13.07.2012 ALONG WITH THE PAPER PUBLICATION. EXHIBIT-P7. TRUE COPY OF THE GUIDELINES IN RESPECT OF THE EDUCATIONAL LOAN SCHEME DATED 2.5.2001. RESPONDENTS' EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.

------------------------------- W.P (C) No.17679 of 2012 ------------------------------- Dated this the 3rd day of September, 2013

JUDGMENT

It is submitted on behalf of the first respondent Bank that proceedings under the SARFAESI Act initiated against the petitioner has been withdrawn. The writ petition challenging the proceedings initiated under the SARFAESI Act has therefore become infructuous. The Writ Petition is disposed of without prejudice to the right of the first respondent Bank to initiate proceedings afresh against the petitioner if and when warranted. V.CHITAMBARESH, Judge. nj.