Kerala High Court
Sajitha C.K vs The South Indian Bank Ltd on 17 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 17TH DAY OF MARCH 2023 / 26TH PHALGUNA, 1944
WP(C) NO. 9853 OF 2022
PETITIONER:
SAJITHA C.K
AGED 41 YEARS, W/O. GIREESH K.V,
KAIMOOLAYIL HOUSE, VALLITHALA, PADIYOOR P.O,
IRITTY TALUK, KANNUR DISTRICT, PIN - 670 703.
BY ADVS.
V.A.SATHEESH
V.T.MADHAVANUNNI
ANAND V.S
RESPONDENTS:
1 THE SOUTH INDIAN BANK LTD.
IRITTY BRANCH, PAYANCHERI, IRITTY P.O,
KANNUR DISTRICT, PIN - 670 703,
REPRESENTED BY ITS BRANCH MANAGER.
2 AUTHORISED OFFICER
SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE,
TALAP, KANNUR DISTRICT, PIN - 670002.
BY ADVS.
SUNIL SHANKER
VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.9853, 9907/2022 &
WP (C) No.8290/2023
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 17TH DAY OF MARCH 2023 / 26TH PHALGUNA, 1944
WP(C) NO. 9907 OF 2022
PETITIONER:
SAJITHA C.K.,
AGED 41 YEARS, W/O. GIREESH V.K, KAIMOOLAYIL
HOUSE, VALLITHALA, PADIYOOR P.O, IRITTY TALUK,
KANNUR DISTRICT, PIN 670 703.
BY ADVS.
V.A.SATHEESH
V.T.MADHAVANUNNI
ANAND V.S
RESPONDENTS:
1 THE SOUTH INDIAN BANK LIMITED,
KANNUR BRANCH, SOUTH BAZAR, KANNUR,
KANNUR DISTRICT, PIN 670 001,
REPRESENTED BY ITS BRANCH MANAGER.
2 AUTHORISED OFFICER,
THE SOUTH INDIAN BANK LIMITED,
REGIONAL OFFICE, TALAP, KANNUR DISTRICT,
PIN 670 002.
BY ADVS.
SUNIL SHANKER
VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.9853, 9907/2022 &
WP (C) No.8290/2023
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 17TH DAY OF MARCH 2023 / 26TH PHALGUNA, 1944
WP(C) NO. 8290 OF 2023
PETITIONER:
SAJITHA C.K
AGED 43 YEARS, S/O OF GIREESH V.K,
KAIMOOLAYIL HOUSE, VALLITHALA, PADIYOOR P.O,
IRITTY TALUK, KANNUR., PIN - 670703
BY ADVS.
V.T.MADHAVANUNNI
V.A.SATHEESH
ANAND V.S
RESPONDENTS:
1 THE SOUTH INDIAN BANK LIMITED
KANNUR BRANCH, SOUTH BAZAR, KANNUR DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 670 001
2 AUTHORISED OFFICER
THE SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE,
TALAP, KANNUR., PIN - 670 002
BY ADVS.
SUNIL SANKAR.P.
Sunil Shankar A
VIDYA GANGADHARAN(K/000424/2020)
SANDHRA.S(K/001610/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.9853, 9907/2022 &
WP (C) No.8290/2023
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T.R. RAVI, J.
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W. P. (C). Nos. 9853, 9907 of 2022 &
WP(C) No.8290 of 2023
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Dated this the 17th day of March, 2023
JUDGMENT
WP(C) No.9907/2022 is challenging Section 13(2) notice
issued under the SARFAESI Act with regard to two loans availed
from the South Bazar branch of the respondent bank. WP(C)
No.9853/2022 is with regard to notice under Section 13(2)
issued with regard to other loans availed from Iritty branch.
WP(C) No.8290/2023 is a writ petition challenging the
possession notice issued pursuant to the notices which are
subject matter of challenge in WP(C) No.9907/2022.
2. In all, it is submitted that there are four loans and the
bank has already filed suits with regard to all four loans. As
such, there is no possibility of any regularisation of the loan
accounts. The remedy of the petitioner would lie in contesting
the claims before the Debts Recovery Tribunal rather than
continuing with these writ petitions. No further orders can be
granted in these writ petitions at this stage.
WP(C) Nos.9853, 9907/2022 &
WP (C) No.8290/2023
..5..
Accordingly, these writ petitions are closed without
prejudice to the right of the petitioner to contest the claims
raised in the four suits, which are said to be pending before the
Debts Recovery Tribunal.
Sd/-
T.R. RAVI,
JUDGE
ded/17.03.2023
WP(C) Nos.9853, 9907/2022 &
WP (C) No.8290/2023
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APPENDIX OF WP(C) 9853/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED
11.11.2021 ISSUED BY THE RESPONDENT NO.
2 TO PETITIONER.
WP(C) Nos.9853, 9907/2022 &
WP (C) No.8290/2023
..7..
APPENDIX OF WP(C) 9907/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED
19.11.2021 ISSUED TO PETITIONER AND 2
OTHERS BY RESPONDENT NO.2.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED
19.11.2021 ISSUED TO PETITIONER AND
ANOTHER BY RESPONDENT NO.2.
WP(C) Nos.9853, 9907/2022 &
WP (C) No.8290/2023
..8..
APPENDIX OF WP(C) 8290/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE
DATED 6.03.2023 ISSUED TO PETITIONER BY
RESPONDENT NO.2
