Kamarudeen T vs Indian Bank
2022 Latest Caselaw 4836 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                         WP(C) NO. 7985 OF 2022
PETITIONERS:

     1       KAMARUDEEN T
             AGED 51 YEARS
             S/O THAJUDEEN, FATHIMA MANZIL, ACCOLIL CHERRY,
             KOOTTIKKADA P O, KOLLAM DISTRICT, PIN-691020.
     2       HANNATH BEEVI S.
             AGED 40 YEARS
             FATHIMA MANZIL, ACCOLIL CHERRY, KOOTTIKKADA P O,
             KOLLAM DISTRICT, PIN-691020.
             BY ADVS.
             R.SURAJ KUMAR
             SUNIL J.CHAKKALACKAL
             ANJANA R.S.


RESPONDENTS:

     1       INDIAN BANK
             REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF
             EXECUTIVE OFFICER, AVVAI SHANMUKHAM SALAI,
             PUDUPET, GOPALAPURAM, CHENNAI, PIN-600014.
     2       THE AUTHORIZED OFFICER
             (CHIEF MANAGER) INDIAN BANK, PANAYIL JUNCTION,
             AALUMMOODU.MAYYANADU P O, PIN-691303.
     3       THE BRANCH MANAGER
             INDIAN BANK, PANAYIL JUNCTION, AALUMOODU,
             MAYYANADU P O, PIN-691303.
     4       SREERAJ
             RESIDING AT SREERAJ BHAVAN, DHAVALAKUZHY,
             MAYYANADU P O, KOLLAM DISTRICT, PIN-691303.
             BY ADV S.EASWARAN



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.04.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 7985 OF 2022
                                        2




                       MOHAMMED NIAS. C.P.,J
                               ------------
                        WP(C)No. 7985 of 2022
                       - - - - - - - - - - - - - - - - - - ----
                   Dated this the 29th day of April, 2022


                                 JUDGMENT

IA No.3 of 2022 is filed seeking permission to withdraw

the writ petition with liberty to approach the Debt Recovery

Tribunal. The above I.A. Is allowed and the writ petition is

dismissed as withdrawn without prejudice to the rights of the

petitioner to approach the DRT for appropriate reliefs.

Sd/-

MOHAMMED NIAS. C.P.,JUDGE

dlK 29.04.2022 WP(C) NO. 7985 OF 2022

APPENDIX OF WP(C) 7985/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE BANK.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 17.12.2019.

Exhibit P3 TRUE COPY OF THE NOTICE OF POSSESSION DATED 05.03.2021.

Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 28.02.2022 ISSUED BY SENIOR CONSULTANT ORTHOPAEDICIAN OF HOLY CROSS HOSPITAL, KOTTIYAM.

Exhibit P5 TRUE COPY OF THE DISCHARGE SUMMARY DATED 18.10.2021.

Exhibit P6 TRUE COPY OF THE NOTICE OF SALE DATED 03.02.2022 ISSUED BY THE 2ND RESPONDENT.