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2024 Supreme(Online)(Ker) 71860

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ASHRAF PV – Appellant
Versus
BANK OF BARODA – Respondent
WP(C) 17920/2024



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 WP(C) NO. 17920 OF 2024 PETITIONERS:

1 ASHRAF PV AGED 50 YEARS, S/O ABOOBACKER, BAITHUL AJWAD, HIDAYATH NAGAR, SHRIBAGILU (PO), KUDLU VILLAGE, KASARGOD, PIN – 671 124.

2 FATHIMATH FARISHA AGED 41 YEARS, W/O ASHRAF, BAITHUL AJWAD, HIDAYATH NAGAR, SHRIBAGILU (PO), KUDLU VILLAGE, KASARGOD, PIN – 671 124.

BY ADVS.

THAREEK T.S.

SALEEK.C.A.

R.ANAS MUHAMMED SHAMNAD RESPONDENTS:

1 BANK OF BARODA REPRESENTED BY ITS MANAGER ,TIGER HILLS ,MUNCIPAL OFFICE ROAD,KASARGOD, PIN – 671 124.

2 AUTHORISED OFFICER BANK OF BARODA, TIGER HILLS , MUNCIPAL OFFICE ROAD KASARGOD, PIN – 671 121.

BY ADV K.ANAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 3rd day of June, 2024 The petitioners, who have availed a loan from the Bank of Baroda, approached this Court, when the petitioners failed to pay the loan instalments and when the Bank initiated proceedings for recovery under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. When this writ petition came up for admission today, the Counsel appearing for the petitioners submits that the overdue amount payable to the Bank has already been paid.

3. In that view of the matter, it is for the petitioners to approach the Bank for regularisation of the loan account.

With the said observation, the writ petition is disposed of.

Sd/-

N. NAGARESH JUDGE AMR APPENDIX OF WP(C) 17920/2024 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 13.09.2023 ISSUED BY THE AUTHORIZED OFFICER OF BANK OF BARODA.

Exhibit P2 TRUECOPY OF ORDER BY ORDER DATED

20.03.2024 IN CMP NO.1203/2024 BY HON'BLE CHIEF JUDICIAL MAGISTRATE, KASARGOD.

Exhibit P3 TRUECOPY OF MEDICAL REPORT BY CONSULTANT RADIOLOGIST OF GENERAL HOSPITAL KASARGOD.

Exhibit P4 TRUECOPIES OF MEDICAL REPORTS OF PETITIONER NO.2.

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