Anitha M.R vs Muthoot Fin Corp. Ltd

Kerala High Court

Anitha M.R vs Muthoot Fin Corp. Ltd on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 25336 OF 2017
PETITIONER:

             ANITHA M.R
             AGED 41 YEARS, D/O.MANIKANDAN,
             T.C.13/208, KALLATTU MUKKU, PUTHENVEEDU,
             THIRUVANANTHAPURAM.

             BY ADV SRI.T.K.ANANDA KRISHNAN



RESPONDENTS:

     1       MUTHOOT FIN CORP. LTD.
             APARNA, P.T.P JUNCTION, MARAPPALAM, PATTOM,
             THIRUVANANTHAPURAM, PIN-695 004.
             REPRESENTED BY ITS BRANCH MANAGER.

     2       THE AUTHORIZED OFFICER
             MUTHOOT FIN CORP. LTD., APARNA, P.T.P JUNCTION,
             MARAPPALAM, PATTOM, THIRUVANANTHAPURAM,
             PIN-695 004.

     3       CHIEF GENERAL MANAGER
             RESERVE BANK OF INDIA, BANERJI RD, ERNAKULAM NORTH,
             KALOOR, ERNAKULAM, KERALA - 682 018.

             BY ADV. JOHN PRAKASH BAVAKKAT (FOR R1 AND R2)




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.25336/2017                  2



                         JUDGMENT

This writ petition has been filed alleging that certain gold ornaments pledged by the petitioner with the 1 st respondent were proposed to be auctioned illegally.

2. The learned counsel appearing for respondents 1 and 2 submits that the auction has already been conducted.

3. A perusal of the pleadings in the writ petition will indicate that the issue raised is purely a contractual dispute between the petitioner and the 1st respondent and the same cannot be adjudicated in a writ petition under Article 226 of the Constitution of India.

Therefore, leaving open all contentions taken and reserving the liberty of the petitioner to seek legal remedies, if any available to her, the writ petition will stand dismissed.

Sd/-

GOPINATH P. JUDGE ats W.P.(C)No.25336/2017 3 APPENDIX OF WP(C) 25336/2017 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 15-06-2017 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT PERTAINING TO LOAN ACCOUNT NO.F13841.

EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED 15-06-2017 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT PERTAINING TO LOAN ACCOUNT NO.F13895.

EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED 15-06-2017 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT PERTAINING TO LOAN ACCOUNT NO.F13460.

EXHIBIT P4 THE TRUE COPY OF THE NOTIFICATION OF RBI DATED FEBRUARY 18, 2013 BEARING NO.RBI/2012-13/416 DNBS.