Sham Das v. Union Of INDIA
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUE AY, THE 19TH DAY OF JULY 2022 / 28TH ASHADHA, 1944 WP(C) NO. 4709 OF 2022 PETITIONERS: 1 SHAM DAS, AGED 36 YEARS, S/O. J.MARYDAS, CHEMPAKATHINAL HOUSE, EAST MARADY P.O., MUVATTUPUZHA, MARADY EAST-686673. 2 MARY, AGED 60 YEARS, W/O. THOMAS C.A., CHEMPAKATHINAL HOUSE, EAST MARADY P.O., MUVATTUPUZHA, MARADY EAST-686673. 3 AMRUTHA THOMAS, AGED 33 YEARS, D/O. C.A.THOMAS, CHEMPAKATHINAL HOUSE, EAST MARADY P.O., MUVATTUPUZHA, MARADY EAST-686673. BY ADVS. V.JOHN MANI S.JAYANT JACKSON JOHNY SETHULAKSHMI K.K. VARGHESE SABU DIANA LAURANCE PAUL RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCES, 3RD FLOOR, JEEVAN DEEP BUILDING, SUNSAD MARG, NEW DELHI-110001. WP(C)No.4709/2022 2 2 M/s.CANARA BANK, REGIONAL OFFICE, ERNAKULAM II, 3RD FLOOR, METRO STATION COMPLEX, M G ROAD, ERNAKULAM-682035. 3 THE MANAGER, CANARA BANK, MUVATTUPUZHA BRANCH, KAVIKUNNEL CHAMBERS, T B JUNCTION, MUVATTUPUZHA, ERNAKULAM-686661. BY ADV SMT.VANDANA P., CGC R2-3 BY SRI. GOPIKRISHNAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.4709/2022 3 JUDGMENT Dated this the 19th day of July, 2022 The petitioners approached this Court seeking to quash Ext.P4 sale notice issued by the respondents invoking Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. When the writ petition came up for hearing today, the Standing Counsel representing respondents 2 and 3 submitted that the sale proceedings pursuant to Ext.P4 did not materialise and hence to that extent the writ petition has become infructuous. Standing Counsel also submits that the interim order passed by this Court on 11.02.2022 has not been complied with by the petitioner.
WP(C)No.4709/2022 4
The learned counsel for the petitioner submitted that the petitioner may be permitted to approach respondents 2 and 3 for a One Time Settlement in the matter. Granting liberty to the petitioner to approach respondents 2 and 3, the writ petition is dismissed as infructuous. N. NAGARESH JUDGE SR
WP(C)No.4709/2022 5 APPENDIX OF WP(C) 4709/2022 PETITIONERS' EXHIBITS: Exhibit P1 AOF THE GST REGISTRATION OF M/S.SOUND FIELD DATED 7.12.2017. Exhibit P2 AOF THE STATEMENT OF ACCOUNT NO.07142610005305 FOR A PERIOD OF 1.4.2019 TO 31.3.2020. Exhibit P3 AOF THE STATEMENT OF ACCOUNT NO.07142610005305 FOR A PERIOD OF 1.4.2020 TO 5.3.2021. Exhibit P4 AOF THE SALE NOTICE TO THE PETITIONERS UNDER SECTION 13(4) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 READ WITH RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULE 2021 DATED 7.1.2022. SR
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.