IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25528 of 2011(M) ------------------------------------ PETITIONER: ---------------- SASIKUMAR P.B, AGED 46 YEARS, S/O.BHASKARAN, THUSHARA VADAKKETHIL HOUSE, EDAKULANGARA P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, CENTRAL BANK OF INDIA, M.G.ROAD, THIRUVANANTHAPURAM- 695 001 2. THE AUTHRISED OFFICER, CHIEF MANAGER, CENTRAL BANK OF INDIA, TRIVANDRUM BRANCH,THIRUVANANTHAPURAM- 695 001. ADV. SRI.V.SUNIL KUMAR,SC,CENTRAL BANK OF IN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25528 of 2011(M) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE SALE NOTICE DATED 12/4/2001 PUBLISHED IN THE HINDU DAILY. EXHIBIT P2. TRUE COPY OF THE ORDER IN WPC 13225/2011 DATD 17/5/2011 OF THIS COURT. EXHIBIT P3. TRUE COPY OF THE BANK RECEIPT OF THE PETITIONER FOR AN AMOUNT OF RS.1,40,000/- ON 1/6/2011. EXHIBIT P3A. TRUE COPY OF THE BANK RECEIPT OF THE PETITIONER FOR AN AMOUNT OF RS.4,15,000/- ON 16/7/2011. EXHIBIT P3B. TRUE COPY OF THE BANK RECEIPT OF THE PETITIONER FOR AN AMOUNT OF RS.4,15,000/- ON 16/07/2011 EXHIBIT P4. TRUE COPY OF OS HAVING 200/2011 BEFORE THE MUSNFIFF COURT, KARUNAGAPALLY. EXHIBIT P5. TRUE COPY OF CMP HAVING NO.1110/2011 BEFORE THE CJM COURT, KOLLAM. EXHIBIT P6. TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 1/09/2011. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No. 25528 OF 2011 ---------------------------------------------- Dated this the 26th day of September, 2011 JUDGMENT The petitioner is aggrieved by proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondents for recovery of loan amounts due to the respondents from the petitioner on the ground that the petitioner has already paid off the entire amount due. 2. The learned Standing Counsel for the bank on instructions submits that the petitioner has already paid off the entire amount due and the inclusion of the petitioner's property in the sale notice is only a mistake. It is submitted that it is after the sale notice was issued that the petitioner had paid off the amounts and the Advocate Commissioner appointed by the Chief Judicial Magistrate for taking over several properties issued notice in respect of the petitioner’s property also in accordance with the original list of properties. It is further submitted that W.P.(C)No.25528/11 2 appropriate instructions have been issued by the bank to the Advocate Commissioner not to take possession of the petitioner’s properties included in the notice and the authorized officer of the bank has already filed an affidavit before the Chief Judicial Magistrate in respect of the same. In view of the submission of the learned Standing Counsel for the bank that the petitioner’s property has already been excluded from proceedings under the Act, this writ petition is closed, recording the said submission. S. SIRI JAGAN, JUDGE acd W.P.(C)No.25528/11 3 W.P.(C)No.25528/11 4