Prema vs The South Indian Bank Ltd
2022 Latest Caselaw 6520 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                        WP(C) NO. 18377 OF 2022
PETITIONER/S:

    1     PREMA , AGED 70 YEARS
          W/O GANGADHARAN NAIR, KALLYANINILAYAM, EDAKANDY, P.O.
          NIT, KOZHIKODE-673 601.
    2     PRAMOD,
          S/O GANGADHARAN NAIR, KALLYANINILAYAM, EDAKANDY, P.O.
          NIT, KOZHIKODE-673 601.
          BY ADV E.NARAYANAN


RESPONDENT/S:

          THE SOUTH INDIAN BANK LTD.
          REGIONAL OFFICE, REPRESENTED BY CHIEF MANAGER HAPPY
          TOWERS, VAIKKOM MOHAMMED BASHEER ROAD, MANANCHIRA (PO),
          KOZHIKODE, PIN - 673 001
          SRI. MOHAN JACOB GEORGE
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18377 OF 2022                     2



                                  JUDGMENT

Petitioners have approached this Court challenging

proceedings initiated by the respondent Bank under the

provisions of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, for recovery of

the amounts due from the petitioners.

2. Learned Standing Counsel appearing for the

respondent bank points out that on substantially the same cause

of action, the 1st petitioner had preferred W.P.(C). No.7449/2022

which is pending consideration before this court and without

disclosing the said fact, present writ petition has been filed. The

leaned Standing Counsel has also made available for my perusal

a copy of W.P(C). No.7449/2022

3. On going through the pleadings in W.P.(C.)

No.7449/2022, I am convinced that there is merit in the

contention taken by the learned Standing counsel. Normally,

such a finding would have resulted in an order for costs, but

taking a lenient view, I permit this writ petition to be dismissed

as withdrawn.

Accordingly, the writ petition is dismissed as withdrawn.

sd/-

GOPINATH P., JUDGE ajt

APPENDIX OF WP(C) 18377/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MC 230/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE.

Exhibit P2 TRUE COPY OF THE PARTITION DEED NO: 39 OF 1974 OF SRO, CHATHAMANGALAM.

Exhibit P3 TRUE COPY OF THE NOTICE UNDER SECTION 13 OF THE SARFAESI ACT.

Exhibit P4 TRUE COPY OF THE REPLY TO THE NOTICE UNDER SECTION 13 OF THE SARFAESI ACT Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF OA 579/2017 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL ERNAKULAM Exhibit P6 THE LETTER OF DEPOSIT OF TITLE DEED PRODUCED ALONG WITH EXHIBIT P1 BEFORE CHIEF JUDICIAL MAGISTRATE Exhibit P7 COPY OF THE ORDER DATED 10-08-2018 IN MC NO.

230/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, KOZHIKODE Exhibit P8 TRUE COPY OF THE CMP NO.783/2022 IN MC 230/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE.

Exhibit P9 THE CERTIFIED COPY OF THE ORDER DATED 13-05-

2022 IN CMP NO.783/2022 IN MC 230/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE.

Exhibit P10 TRUE COPY OF THE NOTICE DATED 31-05-2022 GIVEN BY THE ADVOCATE COMMISSIONER