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2025 DAILYLAW 3254 (KER)

THANKAMONY G., v. KARAMANA CO-OPERATIVE URBAN BANK LTD. NO.1761,

WP(C)/3707/2025 · 2025-04-02

Gopinath P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 3707 OF 2025 1 2025:KER:28807 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 3707 OF 2025 PETITIONER/S: 1 THANKAMONY G., AGED 58 YEARS W/O. KRISHNAKUTTY, KRISHNALAYAM, WARD 1/320, VELLAYANI, PALAPOORU, VELLAYANI P.O., THIRUVANANTHAPURAM, PIN - 695522 2 DEEPA T.K., AGED 41 YEARS W/O. RENJITH S.J., KRISHNALAYAM, WARD 1/320, VELLAYANI, PALAPOORU, VELLAYANI P.O., THIRUVANANTHAPURAM, PIN - 695522 3 RENJITH S.J., AGED 42 YEARS S/O. KRISHNAKUTTY, KRISHNALAYAM, WARD 1/320, VELLAYANI, PALAPOORU, VELLAYANI P.O., THIRUVANANTHAPURAM, PIN - 695522 BY ADV SREEJITH S. NAIR RESPONDENT/S: 1 KARAMANA CO-OPERATIVE URBAN BANK LTD. NO.1761, REPRESENTED BY GENERAL MANAGER, KARAMANA P.O., THIRUVANANTHAPURAM, PIN - 695002 2 THE GENERAL MANAGER, KARAMANA CO-OPERATIVE URBAN BANK LTD. NO.1761, KARAMANA P.O., THIRUVANANTHAPURAM, PIN - 695002 3 THE ASSISTANT REGISTRAR, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DPI JUNCTION, THIRUVANANTHAPURAM, PIN - 695014 WP(C) NO. 3707 OF 2025 2 2025:KER:28807 OTHER PRESENT: SRI. R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3707 OF 2025 3 2025:KER:28807 JUDGMENT The petitioners have approached this Court challenging the proceedings initiated against the petitioners under the provisions of the SARFAESI Act to recover amounts due under credit facilities availed from the respondent bank. When this matter is taken up for consideration today, it is the submission of the learned counsel for the petitioners and the learned counsel for the respondent bank that the petitioners have now cleared the overdue amount and the loan account has been regularized. Taking into consideration, the above submission, this Writ Petition is closed. No further orders are necessary in this Writ Petition. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 3707 OF 2025 4 2025:KER:28807 APPENDIX OF WP(C) 3707/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPIES OF TRANSACTIONS MADE TO THE RESPONDENT BANK VIA NET BANKING AND SCREENSHOTS OF GOOGLE PAY TRANSACTIONS MADE TO THE RESPONDENT BANK FROM JANUARY 2024 TO DECEMBER 2024 Exhibit P2 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE ASSISTANT REGISTRAR DATED 17/01/2025 Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONERS BY THE ADVOCATE COMMISSIONER IN MC 769/2021 PENDING BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 13/01/2025 Exhibit P4 THE TRUE COPY OF THE RECEIPT OF PAYMENT MADE TO THE RESPONDENT Exhibit P5 THE TRUE COPY OF THE REQUEST FOR LOAN STATEMENT DATED 30/01/2025