Hassankutty vs The State Bank Of India
2022 Latest Caselaw 4196 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 12940 OF 2022
PETITIONER/S:

          HASSANKUTTY
          AGED 52 YEARS
          S/O.SHAMSUDDIN RAWTHER, RESIDING AT KOLLAM MEPPURATHU
          VEEDU, MANGARAM, KONNI P.O., KONNI TALUK,
          PATHANAMTHITTA DISTRICT, PIN - 689 691.
          BY ADV V.SETHUNATH


RESPONDENT/S:

    1     THE STATE BANK OF INDIA
          KONNI BRANCH, KONNI P.O., PIN - 689 691.
    2     THE AUTHORISED OFFICER
          CHIEF MANAGER, STATE BANK OF INDIA, RASMEC, 1ST FLOOR,
          KACHANATTU TOWERS P.O., PIN - 689 653.
    3     NIZA M.
          W/O.HASSAN KUTTY, DARUL MAJEED, STATION KADAVU, ATTIPRA
          VILLAGE, KAZHAKOOTTAM, THIRUVANANTHAPURAM DISTRICT,PIN
          - 695 583.
    4     THAMMANA
          AGED 15 YEARS
          D/O.NIZA M., MINOR REPRESENTED BY NIZA M., DARUL
          MAJEED, STATION KADAVU, ATTIPRA VILLAGE, KAZHAKOOTTAM,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695 583.

          BY SRI. JAYESH MOHAN
             SRI. JITHESH MENON, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12940 OF 2022


                                 -2-




                 BECHU KURIAN THOMAS, J.
               =========================
                   W.P.(C).No.12940 of 2022
               =========================
               Dated this the 7th day of April, 2022


                             JUDGMENT

Today when the matter is taken up, the learned counsel for the

petitioner sought permission to withdraw the writ petition to pursue

his remedy before the Debts Recovery Tribunal.

Permission is granted and the writ petition is dismissed as

withdrawn, reserving the aforesaid liberty of the petitioner.

Sd/-

BECHU KURIAN THOMAS JUDGE

uu WP(C) NO. 12940 OF 2022

APPENDIX OF WP(C) 12940/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SANCTION OF CREDIT FACILITIES DATED 28/09/2007 ISSUED BY THE S.B.T. KONNI BRANCH.

Exhibit P2 TRUE COPY OF THE SANCTION OF CREDIT FACILITIES DATED 03/06/2011 ISSUED BY THE S.B.T., KONNI BRANCH.

Exhibit P3 TRUE COPY OF THE SANCTION OF CREDIT FACILITIES DATED 18/07/2014 ISSUED BY THE S.B.T., KONNI BRANCH.

Exhibit P4 TRUE COPY OF THE SANCTION OF CREDIT FACILITIES DATED 28/12/2017 ISSUED BY THE S.B.I., KONNI BRANCH.

Exhibit P5 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS FROM 30/12/2017 TO 16/09/2021. Exhibit P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE BANK DATED 22/07/2021.

Exhibit P7 TRUE COPY OF THE LAWYERS NOTICE DATE 24/11/2021.

Exhibit P8 TRUE COPY OF THE NOTICE DATED 22/3/2022 ISSUED BY THE D.R.T.-II, ERNAKULAM. Exhibit P9 THE TRUE COPY OF THE ORDER OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA IN M.C.NO.185/2021 DATED 15/12/2021.

Exhibit P10 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 18/3/2022.

Exhibit P11A TRUE COPY OF THE O.P.NO.351/2018 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM.

Exhibit P11B AND TRUE COPY OF THE ATTACHMENT EFFECTED BY THE SHERISTADAR, FAMILY COURT, THIRUVANANTHAPURAM DATED 25/02/2018. Exhibit P12A TRUE COPY OF THE O.P.NO.350 OF 2018 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM.

Exhibit P12B TRUE COPY OF THE ATTACHMENT EFFECTED BY THE SHERISTADAR, FAMILY COURT, THIRUVANANTHAPURAM DATED 25/02/2018. WP(C) NO. 12940 OF 2022

Exhibit P13 THE TRUE COPY OF THE DRAFT MEDICATION AGREEMENT PREPARED BY THE PETITIONER'S COUNSEL.