Sanju Dhaniram vs M/S. Punjab National Bank
2022 Latest Caselaw 8200 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 15073 OF 2022
PETITIONER:

           SANJU DHANIRAM,
           AGED 35 YEARS,
           S/O. DHANIRAM, PEGATTU HOUSE, THIRUVAMPADY,
           PAZHAVEEDU, ALAPPUZHA DISTRICT, PIN-688 009.


           BY ADVS.
           A.T.ANILKUMAR
           V.SHYLAJA



RESPONDENTS:

    1      M/S. PUNJAB NATIONAL BANK,
           GROUND FLOOR, BSNL BHAVAN,
           EXCHANGE ROAD, OPPOSITE HEAD POST OFFICE,
           ALAPPUZHA DISTRICT,
           PIN - 688 001.
           REPRESENTED BY ITS MANAGER.

    2      THE AUTHORIZED OFFICER / CHIEF MANAGER PUNJAB
           NATIONAL BANK, CIRCLE SASTRA CENTRE, VAISHAVI TOWERS,
           BYEPASS ROAD, KUMARICHANTHA, AMBALATHARA P.O,
           ALAPPUZHA DISTRICT, PIN - 695 026.

           BY ADV C.AJITH KUMAR

           SRI. SANTHEEP ANKARATH (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15073 OF 2022

                                   2


                             JUDGMENT

The petitioner has approached this Court being aggrieved by

the proceedings initiated under the SARFAESI Act to recover amounts

due from the petitioner in respect of a housing loan availed by him.

2. When this matter is taken up for consideration today, it is

submitted by the learned counsel for the petitioner that since the

Bank has already approached the Debts Recovery Tribunal by filing

O.A.No.35 of 2022, the petitioner may be allowed to withdraw the

writ petition with liberty to approach the Debts Recovery Tribunal for

reliefs. It is also prayed that an opportunity may be given to the

petitioner to approach the Bank for settlement.

Taking note of the submissions on either side, this writ petition

is closed, making it clear that it will be open to the petitioner to

pursue all his remedies before the Debs Recovery Tribunal and further

making it clear that it will be open to the petitioner to approach the

1st respondent Bank for any settlement.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 15073 OF 2022

APPENDIX OF WP(C) 15073/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT DT.18-3-2021

Exhibit P2 THE TRUE COPY OF THE CHEQUE DATED 31.03.2021 DRAWN ON BANK OF INDIA FOR AN AMOUNT OF RS. 80,000/-

Exhibit P3 THE TRUE COPY OF THE CHEQUE DATED 31.03.2021 DRAWN ON BANK OF INDIA FOR AN AMOUNT OF RS. 1,20,000.

Exhibit P4 THE TRUE COPY OF LETTER FROM PETITIONER TO THE 2ND RESPONDENT DATED 03.04.2021.

Exhibit P5 THE TRUE COPY OF THE NOTICE ISSUED BY THE DEBTS RECOVERY TRIBUNAL IN OA NO. 35/2022 DT.22-3-2022.

Exhibit P6 THE TRUE COPY OF THE NOTICE UNDER SECTION 13(4) OF THE ACT DATED 21.04.2022.