Kerala High Court
Hdb Financial Service Limited vs Beena Jacob on 30 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
WA NO. 623 OF 2024
AGAINST THE ORDER DATED 09.04.2024 IN I.A.NO.1 OF 2024 IN WP(C)
NO.4823 OF 2024 OF HIGH COURT OF KERALA
APPELLANTS:
1 HDB FINANCIAL SERVICE LIMITED
1ST FLOOR, TRADE CENTRE, KUNDIRAMPARAMBIL,
KANJIRAPPALLY, NH-183, MYCA JUNCTION, KOTTAYAM,
REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 686507
2 THE AUTHORIZED OFFICER
HDB FINANCIAL SERVICE LIMITED, 1ST FLOOR, TRADE
CENTRE, KUNDIRAMPARAMBIL, KANJIRAPPALLY,
NH-183, MYCA JUNCTION, KOTTAYAM, PIN - 686507
BY ADVS.
PRADEESH CHACKO
SHAJI CHIRAYATH
RESPONDENTS:
1 BEENA JACOB
AGED 46 YEARS
W/O.JACOB.V.C., VADAKKEDATH HOUSE, VENGATHANAM.P.O.,
PALAPRA, KOTTAYAM DISTRICT, PIN - 686512
2 SUB REGIONAL TRANSPORT OFFICER
KANJIRAPPALLY, KOTTAYAM DISTRICT, PIN - 686506
SR.GP.S.GOPINATH
SMT.P.K.PRIYA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 623 OF 2024 2
JUDGMENT
DEVAN RAMACHANDRAN,J.
After arguing this matter for some time, Sri.Shaji Chirayath -
learned counsel for the appellants, sought permission to withdraw this Appeal, with liberty for his clients to move the learned Single Judge through an appropriate method including review.
In the afore circumstances, this Writ Appeal is dismissed as having been withdrawn, with the afore requested liberty being reserved in favour of the the appellants; however, making it clear that we have not entered into the merits of any of the rival contentions and that they are all left open, including on the question of maintainability.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
EASWARAN S. JUDGE MC/30.4 WA NO. 623 OF 2024 3 APPENDIX OF WA 623/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE REGISTRATION CERTIFICATE OF THE ASHOK LEYLAND VEHICLE BEARING REGISTRATION NO. KL34H5938 Exhibit P2 THE COPY OF THE PRE SALE NOTICE DATED 1/2/2024 SENT BY THE 1ST APPELLANT TO THE RESPONDENT NO.1 Exhibit P3 THE COPY OF THE FORECLOSURE LETTER DATED 1/2/2024 SENT BY THE 1ST APPELLANT TO THE RESPONDENT NO.1