Siddique K M vs South Indian Bank
2022 Latest Caselaw 8822 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
      THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                      WP(C) NO. 11700 OF 2022
PETITIONER:

          SIDDIQUE K M,
          AGED 55 YEARS,
          KOCHIKARAN VADAKKEVEETTIL HOUSE,
          ERIYAD, KODUNGALLUR,
          THRISSUR, KERALA - 680 666.

          BY ADVS.
          BASIL CHANDY VAVACHAN
          GEORGIE SIMON
          CHARUTHA BHAIJU
          ABEY GEORGE
          BASIL SCARIA
          FATHIMA SHALU S.



RESPONDENT:

          SOUTH INDIAN BANK
          MATHILAKAM BRANCH, 5/422 A, ST.JOSEPHS LATIN
          CHURCH BUILDING, PALLIVALAVU, MATHILAKOM P.O.,
          THRISSUR, KERALA - 680 685.
          REPRESENTED BY ITS MANAGER

          BY ADVS.
          SUNIL SHANKER, SC
          VIDYA GANGADHARAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11700 OF 2022

                                     2




                             JUDGMENT

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

the submission of the learned counsel for the petitioner that

the petitioner may be permitted to withdraw this writ petition

with liberty to approach the Debts Recovery Tribunal for reliefs

in respect of the action taken by the Bank under the provisions

of the SARFAESI Act.

2. Having heard the learned counsel for the petitioner

and the learned Standing Counsel appearing for the

respondent, this writ petition is dismissed as withdrawn

reserving the liberty of the petitioner to approach the Debts

Recovery Tribunal for appropriate reliefs. The period during

which this writ petition was pending before this Court namely

from 31.03.2022 till today shall be excluded for the purpose of

determining any period of limitation within which the petitioner

had to file a securitisation application before the Tribunal. The

coercive steps against the petitioner shall remain suspended

for a period of ten days from today to enable the petitioner to

seek appropriate reliefs from the Tribunal. I make clear that I

have not expressed any opinion on the merits of the matter WP(C) NO. 11700 OF 2022

and it will be open to the Tribunal to decide the matter in

accordance with law.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 11700 OF 2022

APPENDIX OF WP(C) 11700/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE DISCHARGE SUMMARY OF PETITIONER'S SON ISSUED BY ASTER MEDCITY HOSPITAL ERNAKULAM

Exhibit P2 THE TRUE COPY OF DEMAND NOTICE DATED 05/11/2021 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER

Exhibit P3 THE TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT BANK TO THE PETITIONER UNDER SECTION 13(8) OF THE ACT