Shamnas P.S vs Union Of India
2022 Latest Caselaw 5870 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                         WP(C) NO. 2837 OF 2022
PETITIONER/S:

            SHAMNAS P.S.,
            AGED 35 YEARS
            S/O. SAJJAD SAGAR, PUTHUKKADAN HOUSE, RAYONPURAM,
            KANJIRAKKAD, PERUMBAVOOR, ERNAKULAM-683543.
            BY ADV JITHU.B


RESPONDENT/S:

    1       UNION OF INDIA,
            REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCIAL
            SERVICES, DEPARTMENT OF BANKING, GOVERNMENT OF INDIA,
            JEEVAN DEEP BUILDING, NEW DELHI-110001.
    2       AUTHORIZED OFFICER,
            SHRIRAM HOUSING FINANCE LIMITED, 7-B, 7TH FLOOR, KG
            OXFORD BUSINESS CENTRE, SREEKANDATH ROAD, RAVIPURAM,
            ERNAKULAM-682016.
            BY ADV B.S.SURESH KUMAR
            SRI. MANU. S. - ASGI FOR R1
            SRI. PAULOCHAN ANTONY - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2837 OF 2022                          2



                                   JUDGMENT

When this matter is taken up for consideration, learned

counsel for the petitioner submits that he has valid contentions to

be taken in a duly constituted appeal before the Debts Recovery

Tribunal and he may be permitted to withdraw this writ petition

with liberty to approach the Debts Recovery Tribunal.

2. Learned Standing Counsel appearing for the bank

submits that the limitation for filing the appeal has already

expired.

Considering the afore submissions, the writ petition will

stand dismissed as withdrawn with liberty to approach the Debts

Recovery Tribunal with a duly constituted appeal. The recovery

proceedings initiated against the petitioner shall stand deferred

for a period of 20 days. I make it clear that I have not decided on

the question of limitation and that matter may be decided by the

Debts Recovery Tribunal in accordance with law.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 2837/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 12/10/2021 ISSUED BY THE RESPONDENT NO.2. Exhibit P2 TRUE COPY OF THE ADVOCATE COMMISSION NOTICE IN MC NO.515/2021 OF HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (SPECIAL COURT FOR MLA'S AND MP'S) AT ERNAKULAM DATED 12/01/2022 ISSUED BY THE ADVOCATE COMMISSIONER. Exhibit P2(a) TRUE COPY OF THE CORRECTION NOTICE IN MC NO.515/2021 OF HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (SPECIAL COURT FOR MLA'S AND MP'S) AT ERNAKULAM DATED 18/01/2022 ISSUED BY THE ADVOCATE COMMISSIONER. Exhibit P3 TRUE COPY OF THE SECTION 14 PETITION AND AFFIDAVIT IN MC NO. 515/2021 OF HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, (SPECIAL COURT FOR MLA'S AND MP'S) AT ERNAKULAM DATED 01/12/2021 FILED BY THE RESPONDENT N.2.

Exhibit P4 TRUE COPY OF THE ORDER IN MC NO.515/2021 OF HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (SPECIAL COURT FOR MLA'S AND MP'S) AT ERNAKULAM DATED 04/01/2022.

Exhibit P5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE RESPONDENT NO.1 DATED 05/08/2016.