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2015 Supreme(Ker) 851

ASHOK BHUSHAN, A.M.SHAFFIQUE
B. REGHU – Appellant
Versus
STATE BANK OF TRAVANCORE – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI.C.M.STEPHEN
FOR THE RESPONDENT: SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN

JUDGMENT

Ashok Bhushan, C.J.

This Writ Appeal has been filed against the judgment dated 23.02.2015 in W.P(C) No.5668 of 2015 by which judgment, the Writ Petition filed by the State Bank of Travancore, respondent No.1 to this appeal, has been allowed setting aside the interim order passed by the Kerala State Consumer Redressal Commission (for short, "Commission") dated 25.11.2014.

2. The parties shall be referred to as arrayed in the Writ Petition.

3. Brief facts giving rise to the Writ Petition are: Respondent Nos.2 and 3 had availed a housing loan of Rs.8 lakhs on 22.12.2003. Further on 04.10.2005, respondent No.2 availed a cash credit facility of Rs.20 lakhs from the petitioner. When both the accounts, i.e., housing loan account and cash credit account became non-performing assets, the petitioner issued notice on 04.04.2012 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the 2002 Act") demanding Rs.33,15,463/-. Respondent Nos.2 and 3 claimed that the amount as shown in the statement of accounts be accepted and loan account be closed. The petitioner claimed that the said stat



































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