IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 29840 of 2008(B) -------------------------- PETITIONER(S): --------------- BINDHU, AGED 31 YEARS, D/O. KOCHUNNI, CHEERAN HOUSE, THIRUVONAM, KANIPPAYOOR, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, NOW RESIDING AT 1/952B, SANTHWANAM, OPP. PADAMUGAL U.P SCHOOL, KAKKANAD, KOCHI-682030. BY ADV. SRI.M.P.RAMNATH SRI.JEN.V.KURIAKOSE RESPONDENT(S): --------------- 1. UNION BANK OF INDIA, PANAMPILLY NAGAR BRANCH, P.O. BOX NO. 1829, KOCHI, REPRESENTED BY BRANCH MANAGER. 2. JAYAN CHARLES, S/O. R. CHARLES, AGED 36 YEARS, 15/1455A, VILLA ROMILLA, NAZARETH, KOCHI-682002. R1 BY ADV. SRI.T.RAJESH R2 BY ADV.SRI.A.V.THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.29840/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOSTAT COPY OF SALE DEED NO.2899/04 SRO THRIKKAKARA DATED 27.9.2004. EXT.P2: TRUE PHTOTSTAT COPY OF THE LETTER DATED 1.8.2007 ISSUED FROM UNION BANK OF INDIA TO THE PETITIONER. EXT.P3: TRUE PHOTO COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT DATED NIL SEKING A ONE TIME SETTLEMENT. EXT.P4: TRUE PHOTOSTAT COPY OF NOTICE DATED 15.7.2008 ISSUED BY THE FIRST REPSONDENT TO THE PETITIONER. EXT.P5: TRUE PHOTO COPY OF STATEMENT OF ACCOUNT ISSUED BY THE FIRST RESPONDENT BANK ON 26.9.2008 IN RESPECT OF THE LOAN ACCOUNT AS REQUESTD BY THE PETITIONER. EXT.P6: TRUE PHOTO COPY OF THE COUNTER AFFIDAVIT DT.23.10.2007 FILED BY THE FIRST REPSONDENT IN OP.1175/05 BEFORE THE HON'BLE FAMILY COURT ERNAKULAM. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29840 OF 2008 ------------------------------------------- Dated this the 18th day of November, 2008 JUDGMENT Learned counsel for the Bank states that securitisation proceedings will not be now proceeded with since the party has made certain deposits which has resurrected the transaction from NPA status. This is recorded and the writ petition is closed leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.