2025:KER:26066 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 5636 OF 2025 PETITIONER: DR.M.K.R.JOHN PAUL, AGED 58 YEARS, E.N.T. SURGEON,S/O.M.PRAKASH RAO, GRACE HOSPITAL, KELAKAM, KANNUR DISTRICT, PIN – 670674. BY ADVS. K.MOHANAKANNAN ADARSH MOHAN K. RESPONDENTS: 1 AUTHORISED OFFICER, KERALA BANK,KANNUR REGIONAL OFFICE, NEAR HEAD POST OFFICE,KANNUR P.O, KANNUR DISTRICT, PIN – 670001. 2 THE SENIOR MANAGER, KERALA BANK , KANNUR REGIONAL OFFICE, NEAR HEAD POST OFFICE, KANNUR P.O, KANNUR DISTRICT, PIN – 670001. 3 THE KERALA BANK, KELAKAM BRANCH,KELAKAM PO,KANNUR,REPRESENTED BY ITS MANAGER, PIN – 67067. BY ADV M.SASINDRAN . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5636 OF 2025 2 2025:KER:26066 JUDGMENT This writ petition has been filed challenging Ext.P9 informing the petitioner that the property of the petitioner will be sold under the provisions of the SARFAESI Act. 2. The learned counsel for the petitioner would submit that the sale pursuant to Ext.P9 has not taken place and the petitioner has approached the Bank with the proposal for settlement of liabilities. 3. The learned counsel appearing for the respondent Bank confirms that no sale took place pursuant to Ext.P9. Taking the aforesaid submissions into consideration, this writ petition is closed, reserving the liberty of the petitioner to pursue his proposal stated to have been filed with the competent authority of the respondent Bank. If any proposal has been submitted by the petitioner, the competent authority of the respondent Bank shall take a decision on the said proposal without undue delay. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 5636 OF 2025 3 2025:KER:26066 APPENDIX OF WP(C) 5636/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER, APPOINTED IN CMP 827/2024 ON 2-4-2024 Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 3 RD RESPONDENT DATED 17-4-2024 Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 3 RD RESPONDENT DATED 15-6-2024 Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY INDIRA GANDHI CO-OPERATIVE HOSPITAL, THALASSERY DATED 15-7-2024 Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE INDIRA GANDHI METRO CARDIAC CENTRE DATED 15-7-2024 Exhibit P6 TRUE COPY OF THE DISCHARGE SUMMARY DATED 23-11-2024 ISSUED BY THE MALABAR MULTI SPECIALTY HOSPITAL Exhibit P7 TRUE COPY OF REPRESENTATION DATED 6-12- 2024 SUBMITTED BEFORE THE MINISTER FOR CO- OPERATION Exhibit P8 TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 31-12-2024 Exhibit P9 TRUE COPY OF THE NOTICE DATED 28- 1-2025 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER Exhibit P10 TRUE COPY OF THE SALE NOTICE DATED 18-1- 2025