IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 24067 of 2008(M) -------------------------- PETITIONER(S): --------------- P. MANIKANDAN, S/O. BALAKRISHNA IYER, AGED 43, 2/246, KRISHNA NIVAS, AVANIPPADAM, AMBIKAPURAM, KALPATHI, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD. 2. THE CORPORATION BANK, PALAKKAD BRANCH, 11/1447, MARKET ROAD, POST BOX NO. 315, PALGHAT-678 014. ADV. SRI.VIVEK VARGHESE P.J. FOR R2 SRI.P.J.VINOD JOSEPH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.24067/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE POSSESSION NOTICE DATED 12.5.2008 ISSUED BY THE 2ND RESPONDENT U/S 13(4) OF THE SARFAESI ACT, 2002. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.24067 OF 2008 ------------------------------------------- Dated this the 13th day of October, 2008 JUDGMENT Learned counsel for the petitioner states that the second respondent has issued a certificate to the effect that the account does not have over dues. Obviously therefore, the second respondent will immediately recall the SARFAESI Act proceedings. This is recorded and the writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.