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North Malabar Gramin Bank

High Court Of Kerala|19 December, 2014
|

JUDGMENT / ORDER

ANTONY DOMINIC , J.
This Writ Appeal is filed against the judgment of the learned Single Judge in W.P.(C)No.28315/2011 filed by the 1st respondent. The Writ Petition was filed challenging the SARFAESI proceedings initiated by the appellant against a property which was mortgaged by the 2nd respondent. By the judgment under appeal, the learned Single Judge granted an instalment facility to the 2nd respondent.
2. In this Writ Appeal, the appellants contend that since the property is mortgaged by the 2nd respondent, the 1st respondent did not have any locus standi to file a Writ Petition or to impugne the proceedings initiated by them. Though the said contention is disputed by the 1st respondent, irrespective of the same, according to the 1st respondent, as on date, the entire liability due to the Bank has been settled by her and the bank has returned the title deeds deposited by the 2nd respondent also.
3. In view of the above, we do not think it necessary to go W.A.No.1852/11 -2-
into the merits of the appeal. Accordingly, taking note of the submissions made by the 1st respondent before us and without going into the merits, this appeal is closed.
Sd/-
ANTONY DOMINIC, JUDGE Sd/-
dsn ANIL K.NARENDRAN, JUDGE
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Title

North Malabar Gramin Bank

Court

High Court Of Kerala

JudgmentDate
19 December, 2014
Judges
  • Antony Dominic
  • Anil K Narendran