IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18377 OF 2022
PETITIONER/S:
1 PREMA , AGED 70 YEARS
W/O GANGADHARAN NAIR, KALLYANINILAYAM, EDAKANDY, P.O.
NIT, KOZHIKODE-673 601.
2 PRAMOD,
S/O GANGADHARAN NAIR, KALLYANINILAYAM, EDAKANDY, P.O.
NIT, KOZHIKODE-673 601.
BY ADV E.NARAYANAN
RESPONDENT/S:
THE SOUTH INDIAN BANK LTD.
REGIONAL OFFICE, REPRESENTED BY CHIEF MANAGER HAPPY
TOWERS, VAIKKOM MOHAMMED BASHEER ROAD, MANANCHIRA (PO),
KOZHIKODE, PIN - 673 001
SRI. MOHAN JACOB GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18377 OF 2022 2
JUDGMENT
Petitioners have approached this Court challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, for recovery of the amounts due from the petitioners.
2. Learned Standing Counsel appearing for the respondent bank points out that on substantially the same cause of action, the 1st petitioner had preferred W.P.(C). No.7449/2022 which is pending consideration before this court and without disclosing the said fact, present writ petition has been filed. The leaned Standing Counsel has also made available for my perusal a copy of W.P(C). No.7449/2022
3. On going through the pleadings in W.P.(C.) No.7449/2022, I am convinced that there is merit in the contention taken by the learned Standing counsel. Normally, such a finding would have resulted in an order for costs, but taking a lenient view, I permit this writ petition to be dismissed as withdrawn.
Accordingly, the writ petition is dismissed as withdrawn.
sd/-
GOPINATH P., JUDGE ajt WP(C) NO. 18377 OF 2022 3 APPENDIX OF WP(C) 18377/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MC 230/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE.
Exhibit P2 TRUE COPY OF THE PARTITION DEED NO: 39 OF 1974 OF SRO, CHATHAMANGALAM.
Exhibit P3 TRUE COPY OF THE NOTICE UNDER SECTION 13 OF THE SARFAESI ACT.
Exhibit P4 TRUE COPY OF THE REPLY TO THE NOTICE UNDER SECTION 13 OF THE SARFAESI ACT Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF OA 579/2017 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL ERNAKULAM Exhibit P6 THE LETTER OF DEPOSIT OF TITLE DEED PRODUCED ALONG WITH EXHIBIT P1 BEFORE CHIEF JUDICIAL MAGISTRATE Exhibit P7 COPY OF THE ORDER DATED 10-08-2018 IN MC NO.
230/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, KOZHIKODE Exhibit P8 TRUE COPY OF THE CMP NO.783/2022 IN MC 230/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE.
Exhibit P9 THE CERTIFIED COPY OF THE ORDER DATED 13-05-
2022 IN CMP NO.783/2022 IN MC 230/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE.
Exhibit P10 TRUE COPY OF THE NOTICE DATED 31-05-2022 GIVEN BY THE ADVOCATE COMMISSIONER