Citation : 2021 Latest Caselaw 23887 Ker
Judgement Date : 4 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
SATURDAY, THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA, 1943
WP(C) NO. 26739 OF 2021
PETITIONER:
RANJINI N.K., AGED 61 YEARS,
W/O. RAJEEVAN C.M.,
CHERUMBATHU VEEDU,
THOTTIPAAL POST, MULANGU,
MUKUNTHAPURAM TALUK,
THRISSUR DISTRICT, PIN 680 310.
BY ADV M.R.SARIN
RESPONDENTS:
1 THE CHIEF MANAGER, CSB BANK LTD.,
(FORMERLY CATHOLIC SYRIAN BANK LTD.)
CSB BHAVAN, HEAD OFFICE, P.B NO. 502,
ST. MARY'S COLLEGE ROAD,
THRISSUR, PIN 680 020.
2 SENIOR BRANCH MANAGER,
CSB BANK LTD., (FORMERLY
CATHOLIC SYRIAN BANK LTD),
PARAPPUKKARA BRANCH, PARAPPUKKARA,
THRISSUR PIN 680 310.
BY ADV C.A.JOY, SC FOR CSB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.12.2021, ALONG WITH WP(C).26575/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.26739 & 26575 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
SATURDAY,THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA, 1943
WP(C) NO. 26575 OF 2021
PETITIONER:
JAYANTHI, AGED 53 YEARS,
W/O. ANIRUDHAN, KOVATHU VEEDU,
CHERUVAAL POST, PAAZHAYI,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT PIN 680 733.
BY ADV M.R.SARIN
RESPONDENTS:
1 THE CHIEF MANAGER, CSB BANK LTD.
(FORMERLY CATHHOLIC SYRIAN BANK LTD),
CSB BHAVAN, HEAD OFFICE, P.B NO. 502,
ST. MARY'S COLLEGE ROAD,
THRISSUR, PIN 680 020.
2 SENIOR BRANCH MANAGER, CSB BANK LTD.,
(FORMERLY CATHOLIC SYRIAN BANK LTD),
PARAPPUKKARA BRANCH, PARAPPUKKARA,
THRISSUR PIN 680 310.
BY ADV SRI.C.A.JOY,SC,CSB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.12.2021, ALONG WITH WP(C).26739/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.26739 & 26575 of 2021
3
JUDGMENT
Dated this the 4th day of December, 2021
In both the writ petitions, the petitioners seek to direct
the respondents 1 and 2 to consider the representations
submitted by the petitioners within a time frame.
2. The respondents are CSB Bank Ltd. and the
Senior Branch Manager thereof. The 1st respondent has
filed statement in the writ petitions disclosing that decisions
have already been taken, on the representations submitted
by the petitioners. Therefore no orders are necessary in this
writ petition. If the petitioners are aggrieved by any of the
steps taken by the respondent bank, which is a scheduled
bank, the remedy of the petitioner lies with Debt Recovery
Tribunal under Section 17 of the SARFAESI Act.
The learned counsel for the petitioners would submit
that in that event, the petitioners may be permitted to WP(C)No.26739 & 26575 of 2021
approach the Debt Recovery Tribunal. Accordingly, granting
liberty to the petitioners to appraoch the Debt Recovery
Tribunal if they are so adivsed, these writ petitions are
dismissed.
Sd/-
N. NAGARESH JUDGE ncd/04.12.2021 WP(C)No.26739 & 26575 of 2021
APPENDIX OF WP(C) 26739/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION PRESENTED BEFORE THE 1ST RESPONDENT DATED 26-10-2021 Exhibit P2 TRUE COPY OF THE REPRESENTATION PRESENTED BEFORE THE 1ST AND 2ND RESPONDENT DATED 26-10-2021
RESPONDENTS' ANNEXURES
ANNEXURE R1(A) A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER DATED 12.11.2021.
WP(C)No.26739 & 26575 of 2021
APPENDIX OF WP(C) 26575/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION PRESENTED BEFORE THE 1ST RESPONDENT DATED 26-10-2021 Exhibit P2 TRUE COPY OF THE REPRESENTATION PRESENTED BEFORE THE 1ST AND 2ND RESPONDENT DATED 26-10-2021
RESPONDENTS' ANNEXURES
ANNEXURE R1(A) A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER DATED 12.11.2021.
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