IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 15073 OF 2022
PETITIONER:
SANJU DHANIRAM,
AGED 35 YEARS,
S/O. DHANIRAM, PEGATTU HOUSE, THIRUVAMPADY,
PAZHAVEEDU, ALAPPUZHA DISTRICT, PIN-688 009.
BY ADVS.
A.T.ANILKUMAR
V.SHYLAJA
RESPONDENTS:
1 M/S. PUNJAB NATIONAL BANK,
GROUND FLOOR, BSNL BHAVAN,
EXCHANGE ROAD, OPPOSITE HEAD POST OFFICE,
ALAPPUZHA DISTRICT,
PIN - 688 001.
REPRESENTED BY ITS MANAGER.
2 THE AUTHORIZED OFFICER / CHIEF MANAGER PUNJAB
NATIONAL BANK, CIRCLE SASTRA CENTRE, VAISHAVI TOWERS,
BYEPASS ROAD, KUMARICHANTHA, AMBALATHARA P.O,
ALAPPUZHA DISTRICT, PIN - 695 026.
BY ADV C.AJITH KUMAR
SRI. SANTHEEP ANKARATH (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15073 OF 2022
2
JUDGMENT
The petitioner has approached this Court being aggrieved by the proceedings initiated under the SARFAESI Act to recover amounts due from the petitioner in respect of a housing loan availed by him.
2. When this matter is taken up for consideration today, it is submitted by the learned counsel for the petitioner that since the Bank has already approached the Debts Recovery Tribunal by filing O.A.No.35 of 2022, the petitioner may be allowed to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal for reliefs. It is also prayed that an opportunity may be given to the petitioner to approach the Bank for settlement.
Taking note of the submissions on either side, this writ petition is closed, making it clear that it will be open to the petitioner to pursue all his remedies before the Debs Recovery Tribunal and further making it clear that it will be open to the petitioner to approach the 1st respondent Bank for any settlement.
Sd/-
GOPINATH P.
JUDGE DK WP(C) NO. 15073 OF 2022 3 APPENDIX OF WP(C) 15073/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT DT.18-3-2021 Exhibit P2 THE TRUE COPY OF THE CHEQUE DATED 31.03.2021 DRAWN ON BANK OF INDIA FOR AN AMOUNT OF RS. 80,000/-
Exhibit P3 THE TRUE COPY OF THE CHEQUE DATED 31.03.2021 DRAWN ON BANK OF INDIA FOR AN AMOUNT OF RS. 1,20,000.
Exhibit P4 THE TRUE COPY OF LETTER FROM PETITIONER TO THE 2ND RESPONDENT DATED 03.04.2021. Exhibit P5 THE TRUE COPY OF THE NOTICE ISSUED BY THE DEBTS RECOVERY TRIBUNAL IN OA NO. 35/2022 DT.22-3-2022.
Exhibit P6 THE TRUE COPY OF THE NOTICE UNDER SECTION 13(4) OF THE ACT DATED 21.04.2022.