Elizabeth Jasmine vs The Manager
2023 Latest Caselaw 6448 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR.JUSTICE C.S.DIAS
         TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                           WP(C) NO. 26972 OF 2022
PETITIONERS:

     1      ELIZABETH JASMINE
            AGED 56 YEARS
            W/O. P.C. THOMAS, AGED 56 YEARS 497,
            PEREPARAMBIL, 42, THRIKKANARVATTOM,
            KOCHI CORPORATION, ERNAKULAM DISTRICT, KERALA,
            RESIDING AT PEREPARAMBIL HOUSE, PUSHPAK ROAD,
            FR.LOUIS LINE, VADUTHALA, COCHIN, PIN - 682023
     2      P.C. THOMAS CHACKO
            AGED 62 YEARS
            S/O. P.T. CHACKO, AGED 62 YEARS 497, PEREPARAMBIL, 42,
            THRIKKANARVATTOM, KOCHI CORPORATION, ERNAKULAM DISTRICT,
            KERALA, RESIDING AT PEREPARAMBIL HOUSE, PUSHPAK ROAD,
            FR.LOUIS LINE, VADUTHALA, COCHIN, PIN - 682023
            BY ADVS.
            LIJU.V.STEPHEN
            INDU SUSAN JACOB

RESPONDENTS:

     1      THE MANAGER
            INDIAN OVERSEAS BANK ERNAKULAM MAIN BRANCH M.G. ROAD,
            ERNAKULAM, KOCHI, PIN - 682035
     2      THE ASSET RECOVERY OFFICER
            INDIAN OVERSEAS BANK ASSET RECOVERY MANAGEMENT BRANCH M.G.
            ROAD, ERNAKULAM, KOCHI, PIN - 682035
     3      PATTASSERIL BUSINESS ASSOCIATES LLP
            40/8147 A, NARAKATHARA ROAD, ERNAKULAM REPRESENTED BY
            MANAGING PARTNER, JIMMY ELIAS, PIN - 682035
     4      JIMMY ELIAS
            S/O. C.N.ELIAS, 451/13/955, PATTASSERIL HOUSE, TRIPUNITHURA,
            KOCHI, PIN - 682019
            BY ADVS.
            SUNIL SHANKAR A
            SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK
            VIDYA GANGADHARAN(K/000424/2020)
            SANDHRA.S(K/001610/2021)

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.26972 of 2022
                                   2




                             C.S.DIAS, J.
                -------------------------
                       W.P.(C.) No.26972 of 2022
                -------------------------
            Dated this the 13th day of June, 2023

                             JUDGMENT

The learned Counsel appearing for the

petitioners submitted that the writ petition has

become infructuous. The said submission is

recorded.

The writ petition is dismissed as infructuous.

Sd/-

C. S. DIAS JUDGE SKP/13-06 WPC No.26972 of 2022

APPENDIX OF WP(C) 26972/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ARBITRATION AWARD DATED 27-2-2019 IN ARC NO. 1/2018 EXHIBIT P2 TRUE COPY OF THE COMMON ORDER DATED 5-1-2021 IN OP (ARB) NO. 101 AND OP (ARB) NO. 233 OF 2020 EXHIBIT P3 TRUE COPY OF SECTION 13(2) NOTICE DATED 1-7-

2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 12-1-2022 ISSUED UNDER RULE 8(5) AND RULE 9(1) OF SECURITY INTEREST (ENFORCEMENT) RULES 2002 EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 17-8-2022 ISSUED BY THE 1ST RESPONDENT BANK TO THE PETITIONERS AND OTHERS EXHIBIT P6 TRUE COPY OF THE AWARD DATED 18-04-2023 PASSED BY THE ARBITRATOR IN AR NO. 101/2002 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE