Bessy C Thomas vs South Indian Bank Ltd., Rep. By Its ...
2023 Latest Caselaw 5356 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                     WP(C) NO. 21911 OF 2022
PETITIONERS:

    1      BESSY C THOMAS
           AGED 52 YEARS
           S/O. THOMAS, CHOLAMATTOM HOUSE, CHETTIYAMPARAMBA,
           KALAKAM, KANNUR, PIN - 670674
    2      REENA
           AGED 48 YEARS
           W/O.BESSY C THOMAS, CHOLAMATTOM HOUSE,
           CHETTIYAMPARAMBA, KALAKAM P.O., KANNUR, PIN - 670674
           BY ADV T.M.ABDUL LATHEEF


RESPONDENTS:

    1      SOUTH INDIAN BANK LTD., REP. BY ITS REGIONAL MANAGER
           KVR TOWER PAMPAN MADHAVAN ROAD TALAP P.O., KANNUR,
           PIN - 670002
    2      AUTHORIZED OFFICER SOUTH INDIAN BANK LTD
           REGIONAL OFFICE KANNUR KVR TOWER PAMPAN MADHAVAN
           ROAD, TALAP P.O., KANNUR, PIN - 670002
    3      BRANCH MANAGER
           PERAVOOR BRANCH SOUTH INDIAN BANK LTD, PERAVOOR
           P.O., KANNUR, PIN - 670673
           BY ADVS.
           Sunil Shankar A
           VIDYA GANGADHARAN(K/000424/2020)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21911 of 2022
                                            2




                           MOHAMMED NIAS. C.P.,J
                        ------------------------
                            WP(C).No.21911 of 2022
                        - - - - - - - - - - - - - - - - - - - - - - --
                     Dated this the 25th day of April, 2023


                                    JUDGMENT

In the nature of the contentions on the relief prayed in this

writ petition, it is only appropriate that the petitioner approaches

the Debt Recovery Tribunal. Accordingly, this writ petition is closed.

To enable the petitioner to move the Debt Recovery Tribunal

concerned and seek appropriate orders, all coercive steps against

the petitioner shall be kept in abeyance for a period of one month

from today.

Sd/-

MOHAMMED NIAS. C.P., JUDGE

Raj/25.04.2023.

WP(C).No.21911 of 2022

APPENDIX OF WP(C) 21911/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RULE 8 (1) NOTICE ISSUED BY 2ND RESPONDENT ON 2/8/2021 TO THE PETITIONERS Exhibit P2 TRUE COPY OF THE LETTER ISSUED BY THE BANK DATED 26/4/2021 Exhibit P3 TRUE COPY OF THE LETTER DATED 30/5/2020 ISSUED BY 3RD RESPONDENT TO THE 2ND PETITIONER Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 26/3/2021 Exhibit P5 TRUE COPY OF THE 13 (2) NOTICE UNDER SARFAESI ACT DATED 28/5/2021 ISSUED BY 2ND RESPONDENT TO THE PETITIONERS Exhibit P6 TRUE COPY OF THE 13 (8) NOTICE DATED 5/4/2022 ISSUED BY 2ND RESPONDENT TO THE PETITIONERS Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 23/6/2022 Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO SURRENDER VACANT POSSESSION OF THE SECURED ASSET ON OR BEFORE 20/4/2023 IN CMP NO.47/2023 Exhibit P9 TRUE COPY OF THE PETITION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT THALASSERY DATED 27/12/2022 Exhibit P10 TRUE COPY OF THE ORDER DATED 16/2/2023