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2025 DAILYLAW 4694 (KER)

SHAKKELA, v. KERALA BANK,

WP(C)/10738/2025 · 2025-04-01

Gopinath P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27593 WP(C) NO. 10738 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 10738 OF 2025 PETITIONER/S: SHAKKELA,AGED 45 YEARS W/O. MUHAMMAD, MEETHALE KUNNATH HOUSE, THIKKODI, PIN - 673529 BY ADVS. E.A.BIJUMON SREEHARI V. RESPONDENT/S: KERALA BANK, KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY THE AUTHORISED OFFICER, PAYYOLI BRANCH, PAYYOLI P.O., KOZHIKODE DISTRICT, PIN - 673522 SRI. P.C. SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27593 WP(C) NO. 10738 OF 2025 2 JUDGMENT Petitioner has approached this Court, apprehending that physical possession of the secured asset shall be taken without following the procedure contemplated by the law. 2. Learned counsel appearing for the respondent bank submits that, as per the statement filed by the respondent bank, steps for taking physical possession of the secured asset have not been taken till now and the notice issued to the petitioner was only an intimation requiring the petitioner to pay off the amounts due from the petitioner immediately. 3. Taking into consideration the statement filed by the respondent bank, this writ petition is closed, making it clear that it will be open to the respondent bank to continue with the proceedings in accordance with the law. Sd/- GOPINATH P. JUDGE ajt 2025:KER:27593 WP(C) NO. 10738 OF 2025 3 APPENDIX OF WP(C) 10738/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE, DATED 19/02/2025. Exhibit P2 TRUE COPY OF THE ACCOUNT STATEMENT FOR A/C NO. 100226051021621 FOR THE PERIOD OF 31.01.2020 TO 31.12.2020. Exhibit P3 TRUE COPY OF THE ACCOUNT STATEMENT FOR A/C NO. 165960356004343 FOR THE PERIOD OF 05.11.2022 TO 28.02.2025.