Prasad @ Sivaprasad vs The Authorised Officer

Kerala High Court

Prasad @ Sivaprasad vs The Authorised Officer on 23 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       OP(CRL.) NO. 405 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 15.05.2024 IN MC NO.222 OF 2021
OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM
PETITIONER:

            PRASAD @ SIVAPRASAD
            AGED 64 YEARS
            S/O DIVAKARAN, PROPRIETOR, M/S AZAD VEHICLE FINANCE AND
            HIRE PURCHASE RESIDING AT AZAD BHAVANAM, ADINADU SOUTH,
            KATTILKADAVU P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN
            : 690 544 REPRESENTED BY POWER OF ATTORNEY HOLDER
            ADARSH K P, AGED 33 YEARS, S/O PRASAD, AZAD BHAVANAM,
            ADINADU SOUTH, KATTILKADAVU P.O., KARUNAGAPPALLY,
            KOLLAM DISTRICT, PIN - 690544
            BY ADVS.
            D.SREEVALLABHAN
            S.JAYAKRISHNAN (KARUNAGAPPALLY)
            SITHARA HAMZA KIZHAKOOT


RESPONDENTS:

    1       THE AUTHORISED OFFICER
            CHIEF MANAGER-LAW, CSB BANK LTD. ( FORMERLY CATHOLIC
            SYRIAN BANK), SOUTH KERALA ZONAL OFFICE, MALANKARA
            BUILDING COMPLEX, PALAYAM, THIRUVANANTHAPURAM, PIN -
            695034
    2       M/S. AZAD VEHICLE FINANCE AND HIRE PURCHASE
            REPRESENTED BY IT'S PROPRIETER MR. PRASAD @ SIVAPRASAD,
            CHOICE BUILDING, K.S. PURAM P.O., KARUNAGAPALLY,
            KOLLAM, PIN - 690544
    3       ASHA DEVI
            W/O. PRASAD @ SIVAPRASAD, AZAD BHAVANAM, ADINAD SOUTH,
            KATTILKADAVU P.O., KARUNAGAPALLY, KOLLAM, PIN - 690542
    4       BHANUMATHI
            W/O. DIVAKARAN, ADARSH BHAVANAM, ADINAD SOUTH,
            KATTILKADAVU P.O., KARUNAGAPALLY, KOLLAM, PIN - 690542
    5       AZAD
            S/O. PRASAD @ SIVAPRASAD, AZAD BHAVANAM, ADINAD SOUTH,
            KATTILKADAVU P.O., KARUNAGAPALLY, KOLLAM, PIN - 690542
OTHER PRESENT:
 OP(CRL.) NO. 405 OF 2024
                            2

         RENJITH T.R (PP)


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(CRL.) NO. 405 OF 2024
                                3

               BECHU KURIAN THOMAS, J.
               -----------------------------------------
                  O.P.(Crl) No. 405 of 2024
                ----------------------------------------
            Dated this the 23rd day of May, 2024


                          JUDGMENT

The learned counsel for the petitioner seeks permission to withdraw this original petition with liberty to file fresh petition before the appropriate forum.

Permission is granted. Reserving the aforesaid liberty, this original petitoin is dismissed as withdrawn.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM OP(CRL.) NO. 405 OF 2024 4 APPENDIX OF OP(CRL.) 405/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE PETITION CMP NO.429 OF 2021 IN M.C. NO. 222 OF 2021 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM FILED BY THE 1ST RESPONDENT .

Exhibit P3 TRUE COPY OF THE ORDER DATED 20.12.2021 BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN CMP NO. 429 OF 2021 IN M.C. NO.222 OF 2021. Exhibit P4 TRUE COPY OF THE NOTICE DATED 23.04.2024 ISSUED BY ADV. AKSHAY S.S. TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE CMP NO.3999 OF 2024 IN M.C. NO. 222 OF 2021 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM BY THE PETITIONER. Exhibit P6 TRUE COPY OF THE ORDER OF DISMISSAL IN CMP NO. 3999 OF 2024 IN MC NO.222 OF 2021 BY THE CHIEF JUDICIAL MAGISTRATE, KOLLAM.

Exhibit P7 TRUE COPY OF THE LETTER DATED 11.01.2022 SENT BY THE BRANCH MANAGER, CSB LTD, PUTHIYAKAVU BRANCH, KOLLAM TO THE VILLAGE OFFICER, ADINADU VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DT.