Ajith Vasudevan vs Kerala Bank (Kerala State ...
2022 Latest Caselaw 12520 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                      WP(C) NO. 41902 OF 2022
PETITIONER/S:

             AJITH VASUDEVAN
             AGED 46 YEARS
             S/O. VASUDEVAN, VADAKKEPARAMBIL (H), CALVARIMOUNT,
             THANKAMONY (PART), IDUKKI DISTRICT-685515.
             BY ADVS.
             R.LAIJU
             SARUN RAJAN

RESPONDENT/S:

             KERALA BANK (KERALA STATE CO-OPERATIVE BANK LTD.,)
             REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA MAIN
             BRANCH, JYOTHY SUPER BAZAR, THODUPUZHA P.O., IDUKKI
             DISTRICT-685584.
OTHER PRESENT:

             SC, SRI GILBERT GEORGE CORREYA


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.12.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)NO.41902 OF 2022
                                        2


                              JUDGMENT

Dated this the 23rd day of December, 2022

Having heard the learned counsel for the petitioner and

the learned Standing Counsel for the bank, I am of the

opinion that the petitioner's remedy is to approach the

Debts Recovery Tribunal challenging the proceedings

initiated by the bank under the SARFAESI Act.

2. Learned counsel for the petitioner submitted that

there may at least be a direction not to dispossess the

petitioner for a few weeks.

3. Insofar as the writ petition is being closed, I will

not be justified in passing any such order.

It is open for the petitioner to request the bank to keep

in hold the eviction proceedings. For this purpose, Counsel

for the petitioner can request the learned counsel for the

respondent bank to use his good offices.

Sd/-

V.G.ARUN

JUDGE NB/23-12 W.P.(C)NO.41902 OF 2022

APPENDIX OF WP(C) 41902/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.1441/2022 OF THE THODUPUZHA SRO.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.10.2022 ISSUED FROM THE KUMARAMANGALAM VILLAGE OFFICE.

Exhibit P3 TRUE COPY OF THE AUCTION CERTIFICATE ISSUED BY THE HON'BLE MUNSIFF'S COURT, THODUPUZHA IN FAVOUR OF RAJESH.

Exhibit P4 TRUE COPY OF THE THANDAPER ACCOUNT DATED 13.12.2021 ISSUED FROM KUMARAMANGALAM VILLAGE OFFICE. Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DATED 22.4.2021 ISSUED FROM KUMARAMANGALAM VILLAGE OFFICE. Exhibit P6 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 17.2.2022.

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A. TO JUDGE