Tintu Philip vs Managing Director
2023 Latest Caselaw 4577 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       WP(C) NO. 31353 OF 2022
PETITIONER:

          TINTU PHILIP
          AGED 37 YEARS, S/O.A.P.PHILIP,
          AMBALATHUMUNDACKAL HOUSE, MUTHOLY P.O.,
          PULIYANNOOR VILLAGE, MEENACHIL TALUK,
          KOTTAYAM DISTRICT, PIN - 686573

          BY ADVS.
          MARIYA RAJAN
          SHINU J.PILLAI(K/223/2005)
          S.SUJA(K/87/2005)
          NESMEL DIVAN(K/002868/2022)



RESPONDENTS:

    1     MANAGING DIRECTOR
          THE SOUTH INDIAN BANK LIMITED,
          HAVING ITS REGISTERED OFFICE AT SIB HOUSE,
          T.B.ROAD, MISSION QUARTERS,
          THRISSUR, PIN - 680001

    2     AUTHORISED OFFICER (SARFAESI),
          THE SOUTH INDIAN BANK LTD.,
          REGIONAL OFFICE, 1ST FLOOR,
          REGENCY SQUARE, K.K.ROAD,
          COLLECTORATE P.O., KOTTAYAM, PIN-686002

    3     A.P. PHILIP
          AGED 65 YEARS. S/O.PHILIP,
          AMBALATHUMUNDACKAL HOUSE, MUTHOLY P.O.,
          PULIYANNOOR VILLAGE, MEENACHIL TALUK,
          KOTTAYAM DISTRICT, PIN - 686573

          BY ADVS.
          SUNIL SHANKAR A
          VIDYA GANGADHARAN(K/000424/2020)
          SANDHRA.S(K/001610/2021)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31353 OF 2022
                                    2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No.31353 of 2022
                --------------------------------------------
                  Dated this the 12th day of April, 2023

                              JUDGMENT

This Court had on 03.11.2022 ordered that the interim order

will continue on condition that the petitioner remits a sum of

₹15,00,000/- towards the loan liability on or before 15.11.2022. It is

submitted by the counsel for the respondents 1 & 2 that the above

direction has not been complied with. The petitioner refers to Ext.P7,

which is a statement of accounts, which only shows a credit of

₹10,00,000/- on 24.01.2023, after the date of the order. Since the

interim direction has not been complied with, no further orders can

be granted in this writ petition.

The writ petition is dismissed without prejudice to the right of

the petitioner to challenge the amount demanded in appropriate

proceedings.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 31353 OF 2022

APPENDIX OF WP(C) 31353/2022

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE NOTICE DATED 10-05-2021 ISSUED BY THE 2ND RESPONDENT

Exhibit-P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 10-9-2021 SHOWING THE PROPERTIES AS 'PURAYIDOM' (DRY AGRICULTURAL LAND)

Exhibit-P3 TRUE COPY OF THE CERTIFICATE DATED 23-02-2021, ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MUTHOLY, THAT THE SECURED ASSET IS AGRICULTURAL LAND

Exhibit-P4 TRUE COPY OF THE APPLICATION AS S.A.183/2022 FILED BY 3RD RESPONDENT BEFORE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM

Exhibit-P5 TRUE COPY OF THE NOTICE DATED 16/06/2022 ISSUED BY ADVOCATE COMMISSIONER, ADV. SIMREN PAREL

Exhibit-P6 TRUE COPY OF THE STATEMENT OF ACCOUNTS DATED 24/09/2022 ISSUED BY THE 2ND RESPONDENT BANK

Exhibit P7 TRUE COPY OF THE BANK STATEMENT FOR THE PERIOD OF 01.04.2022 TO 29.03.2023 REFLECTING THE PAYMENT

Exhibit P8 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 21.03.2023