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Kerala High Court
Jyothi Madhavan U vs Hdfc Bank Limited on 21 May, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.38135/2023 1/3 Order Date : 21-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
WP(C) NO. 38135 OF 2023
PETITIONERS:
1. JYOTHI MADHAVAN U., AGED 47 YEARS, W/O.LATE MADHU MENON, JYOTHIS,
SUDHINAM COMPOUND, FORT ROAD, KANNUR, PIN - 670001
2. P.V. JAYALAKSHMY, AGED 83 YEARS, M/O.LATE MADHU MENON, JYOTHIS,
SUDHINAM COMPOUND, FORT ROAD, KANNUR, PIN - 670001
3. MRS. NALINI U., AGED 73 YEARS, JYOTHIS, SUDHINAM COMPOUND, FORT
ROAD, KANNUR, PIN -670001
4. DEVAPRIYA U. MENON, AGED 22 YEARS, D/O.LATE MADHU MENON, JYOTHIS,
SUDHINAM COMPOUND, FORT ROAD, KANNUR, PIN - 670001
RESPONDENTS:
1. HDFC BANK LIMITED, RETAIL PORTFOLIO MANAGEMENT, HDFC HOUSE,
P.B.NO.1667, RAVIPURAM JUNCTION, M.G. ROAD, ERNAKULAM, PIN - 682015
2. THE INSURANCE OMBUDSMAN, INSURANCE OMBUDSMAN'S OFFICE, PULINAT
BUILDING, 2ND FLOOR, ATLANTIS JUNCTION, MAHATMA GANDHI ROAD,
PERUMANOOR, KOCHI, KERALA, PIN - 682015
3. HDFC STANDARD LIFE INSURANCE COMPANY LTD. 2ND FLOOR, HW ARCADE TK
JN, THALASSERY RD, OPP. BHIMA JEWELLERY SHOWROOM, KANNUR, KERALA ,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 670001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to the Ext.p8 notice
dated 30.10.2023 issued under section 13(2) of the Sarfaesi Act, pending
disposal of the above writ petition (civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
22.03.2024 and upon hearing the arguments of M/S K.P.SREEKUMAR &
P.M.SATHEESH, Advocates for the petitioner, M/S K.K.CHANDRAN PILLAI
(SR.), AMBILY S, RUPA R. NAIR, MATHEW JOSEPH BALUMMEL, Advocates for R1,
M/S. JITHIN SAJI ISAAC, K.J.SAJI ISAAC & ELIZABETH VARKEY, Advocate for
R3, the court passed the following:
WP(C) No.38135/2023 2/3 Order Date : 21-05-2024
N. NAGARESH, J.
----------------------------
W.P. (C) No.38135 of 2023
--------------------------------------------------
Dated this the 21st day of May, 2024
ORDER
Post on 19.07.2024.
Interim order is extended by two months.
Sd/-
N. NAGARESH JUDGE AMR WP(C) No.38135/2023 3/3 Order Date : 21-05-2024 APPENDIX OF WP(C) 38135/2023 Exhibit- P1 TRUE COPY OF THE AWARD DATED 16.09.2021, PASSED BY THE 2ND RESPONDENT OMBUDSMAN.
Exhibit- P2 TRUE COPY OF THE STATEMENT FILED BY THE COUNSEL FOR THE 1ST RESPONDENT DATED 13.06.2022 IN W.P(C)NO.29499/2021. Exhibit-P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 25.07.2023 IN W.P.(C)NO.29499 OF 2021. Exhibit-P4 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 01.01.2022 IN WP(C)NO.29499/2021. Exhibit- P4(a) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 14.06.2023 IN WP(C)NO.29499/2021. Exhibit-P5 TRUE COPY OF THE NOTICE DATED 25.09.2023 SENT BY THE 1ST RESPONDENT TO THE PETITIONERS. Exhibit-P6 TRUE COPY OF THE REPLY SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 02.10.2023. Exhibit-P7 TRUE COPY OF THE LETTER DATED 10.10.2023 TO THE 1ST PETITIONER BY THE 1ST RESPONDENT. Exhibit-P8 TRUE COPY OF THE NOTICE DATED 30.10.2023 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT BY THE 1ST RESPONDENT TO THE PETITIONERS.
Exhibit R 1(a) Copy of the statement filed in wpc 29499/2021 by the 1st respondent herein