Henry Boniface vs the Manager - Court Judgment

SooperKanoon Citationsooperkanoon.com/1445373
CourtKerala High Court
Decided OnAug-29-2022
Case NumberWP(C)/2441/2022
JudgeHonourable Mr. Justice Gopinath P.
AppellantHenry Boniface
RespondentThe Manager
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice gopinath p. monday, the 29th day of august 2022 / 7th bhadra, 1944 wp(c) no. 2441 of 2022 petitioner: henry boniface aged 67 years s/o. henry, puthenvila poomangalathu veedu, thrikadavoor kollam 691 601 by adv tom k.thomas respondent: the manager indian overseas bank, kollam branch, qmc 241`9, musaliar buildings, 530, chinnakkada, kollam 691 001 by advs. sunil shanker kevin varghese jacob adv.sunil shankar,(sc) this writ petition (civil) having come up for admission on 29.08.2022, the court on the same day delivered the following:judgmentdated this the 29th day of august, 2022 today, when the matter is taken up for consideration, the learned counsel for the petitioner seeks permission to withdraw the writ petition reserving all the contentions of the petitioner. accordingly, the writ petition is dismissed as withdrawn, with the liberty reserved as aforesaid. sd/- gopinath p. judge skp/29-08 appendix of wp(c) 2441/2022 petitioner's exhibits: exhibit p1 true copy of the sanction letter issued by the respondent dated 05-02-2019 exhibit p2 true copy of the statement of account exhibit p3 true copy of the notice under sec. 1 3(2) of the sarfaesi act dated 23-06-2021 issued by the respondent exhibit p4 true copy of the possession notice dated 03-12- 2021 issued by the respondent exhibit p5 true copy of the representation dated 04-01- 2022 issued by the petitioner exhibit p6 true copy of the letter dated 12-01-2022 issued by the respondent exhibit p7 true copy of the notice dated 10-01-2022 issued by the respondent to the petitioner respondent's exhibits: nil true copy p.a.to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944 WP(C) NO. 2441 OF 2022 PETITIONER: HENRY BONIFACE AGED 67 YEARS S/O. HENRY, PUTHENVILA POOMANGALATHU VEEDU, THRIKADAVOOR KOLLAM 691 601 BY ADV TOM K.THOMAS RESPONDENT: THE MANAGER INDIAN OVERSEAS BANK, KOLLAM BRANCH, QMC 241`9, MUSALIAR BUILDINGS, 530, CHINNAKKADA, KOLLAM 691 001 BY ADVS. SUNIL SHANKER KEVIN VARGHESE JACOB ADV.SUNIL SHANKAR,(SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 29th day of August, 2022 Today, when the matter is taken up for consideration, the learned Counsel for the petitioner seeks permission to withdraw the writ petition reserving all the contentions of the petitioner. Accordingly, the writ petition is dismissed as withdrawn, with the liberty reserved as aforesaid. Sd/- GOPINATH P. JUDGE SKP/29-08 APPENDIX OF WP(C) 2441/2022 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SANCTION LETTER ISSUED BY THE RESPONDENT DATED 05-02-2019 EXHIBIT P2 TRUE COPY OF THE STATEMENT OF ACCOUNT EXHIBIT P3 TRUE COPY OF THE NOTICE UNDER SEC. 1 3(2) OF THE SARFAESI ACT DATED 23-06-2021 ISSUED BY THE RESPONDENT EXHIBIT P4 TRUE COPY OF THE POSSESSION NOTICE DATED 03-12- 2021 ISSUED BY THE RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 04-01- 2022 ISSUED BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE LETTER DATED 12-01-2022 ISSUED BY THE RESPONDENT EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 10-01-2022 ISSUED BY THE RESPONDENT TO THE PETITIONER RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A.TO JUDGE