IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 11700 OF 2022
PETITIONER:
SIDDIQUE K M,
AGED 55 YEARS,
KOCHIKARAN VADAKKEVEETTIL HOUSE,
ERIYAD, KODUNGALLUR,
THRISSUR, KERALA - 680 666.
BY ADVS.
BASIL CHANDY VAVACHAN
GEORGIE SIMON
CHARUTHA BHAIJU
ABEY GEORGE
BASIL SCARIA
FATHIMA SHALU S.
RESPONDENT:
SOUTH INDIAN BANK
MATHILAKAM BRANCH, 5/422 A, ST.JOSEPHS LATIN
CHURCH BUILDING, PALLIVALAVU, MATHILAKOM P.O.,
THRISSUR, KERALA - 680 685.
REPRESENTED BY ITS MANAGER
BY ADVS.
SUNIL SHANKER, SC
VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11700 OF 2022
2
JUDGMENT
When this matter is taken up for consideration today, it is the submission of the learned counsel for the petitioner that the petitioner may be permitted to withdraw this writ petition with liberty to approach the Debts Recovery Tribunal for reliefs in respect of the action taken by the Bank under the provisions of the SARFAESI Act.
2. Having heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent, this writ petition is dismissed as withdrawn reserving the liberty of the petitioner to approach the Debts Recovery Tribunal for appropriate reliefs. The period during which this writ petition was pending before this Court namely from 31.03.2022 till today shall be excluded for the purpose of determining any period of limitation within which the petitioner had to file a securitisation application before the Tribunal. The coercive steps against the petitioner shall remain suspended for a period of ten days from today to enable the petitioner to seek appropriate reliefs from the Tribunal. I make clear that I have not expressed any opinion on the merits of the matter WP(C) NO. 11700 OF 2022 3 and it will be open to the Tribunal to decide the matter in accordance with law.
Sd/-
GOPINATH P.
JUDGE DK WP(C) NO. 11700 OF 2022 4 APPENDIX OF WP(C) 11700/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DISCHARGE SUMMARY OF PETITIONER'S SON ISSUED BY ASTER MEDCITY HOSPITAL ERNAKULAM Exhibit P2 THE TRUE COPY OF DEMAND NOTICE DATED 05/11/2021 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER Exhibit P3 THE TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT BANK TO THE PETITIONER UNDER SECTION 13(8) OF THE ACT