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Kerala High Court

M.G.Vijayakumar Aged 47 Years vs The Standard Chartered Bank on 9 September, 2009

       

  

  

 
 
                   IN THE HIGH COURT OF KERALAAT ERNAKULAM

                                           PRESENT:

                 THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

            TUESDAY,THE 4TH DAY OF JUNE 2013/14TH JYAISHTA 1935

                               WP(C).No. 13710 of 2013 (K)
                                -------------------------------------

  PETITIONER(S):
  --------------------------

1. M.G.VIJAYAKUMAR AGED 47 YEARS
   S/O.GOPALAKRISHNAN NAIR, MAHAVAPILLIL, NETTOOR.P.O.
   MARADU, ERNAKULAM DISTRICT, PIN-682 304.

2. MAYA VIJAYAKUMAR AGED 40 YEARS
   W/O.M.G.VIJAYAKUMAR, MAHAVAPILLIL, NETTOOR.P.O.
   MARADU, ERNAKULAM DISTRICT, PIN-682 304.

   BY ADV. SRI.P.HARIDAS




  RESPONDENT(S):
  ----------------------------

   THE STANDARD CHARTERED BANK,
   HDFC HOUSE, RAVIPURAM, ERNAKULAM
   KOCHI-682 016, REPRESENTED BY ITS MANAGER.




   THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-06-2013,
   THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13710 of 2013 (K)


                                           APPENDIX


PETITIONER(S)' EXHIBITS
-------------------------------------

EXHIBIT P1-          TRUE COPY OF THE NOTICE UNDER SEC.13(2) OF SARFAESI ACT ISSUED
                     BY THE RESPONDENT DATED 09.09.2009.

EXHIBIT P2-          TRUE COPY OF THE JUDGMENT IN WP[C] 3124/2011 DATED 31.01.2013.




RESPONDENT(S)' EXHIBITS
---------------------------------------

          NIL

                                                     // TRUE COPY //


                                                     P.A. TO JUDGE


sou.



                    V. CHITAMBARESH, J.
               - - - - - - - - - - - - - - - - - - - - - - -
                 W.P.(C) No.13710 of 2013
               - - - - - - - - - - - - - - - - - - - - - - -
            Dated this the 4th day of June, 2013

                         J U D G M E N T

The limited prayer put forth by the petitioners is for permission to remove the movables from the property taken possession of by the respondent-Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). I should take note of the fact that the bank has absolutely no objection in the petitioners removing the movables from the property under the watchful eyes of the Village Officer.

The respondent-Bank and the Village Officer, Maradu are directed to be present at the spot at 2.30 p.m., on Friday (07.06.2013). The locked house shall be opened to enable the petitioners to remove the movables after taking an inventory of the same.

The writ petition is disposed of.

Sd/-

V. CHITAMBARESH, JUDGE //True copy// P.A. TO JUDGE Shg/