Ansariya A.K vs The South Indian Bank Ltd
2023 Latest Caselaw 3829 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        WP(C) NO. 5667 OF 2023
PETITIONER:

          ANSARIYA A.K.
          AGED 48 YEARS
          W/O. ABDUL KAREEM,
          RAIRUMMA MEDICALS SUPER MARKET,
          CONCORD TOWER, KODUNGALLUR,
          THRISSUR, PIN - 680 668

          BY ADV S.SIVACHALAM



RESPONDENTS:

          THE SOUTH INDIAN BANK LTD.
          REPRESENTED BY ITS CHIEF MANAGER,
          VI/950-C, AKP CENTER, CHRIST COLLEGE ROAD,
          IRINJALAKKUDA, THRISSUR, PIN - 680 125

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




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5667 OF 2023
                                      2



                            T.R.RAVI, J.
                     ----------------------------------------
                       WP (C) No.5667 of 2023
                   -------------------------------------------
              Dated this the 30th day of March, 2023

                           JUDGMENT

The petitioner has approached this Court praying for a

direction to the respondents to refrain from taking physical

possession of the property and for granting 6 months' time to

pay off the entire outstanding. The petitioner has already

filed SA.No.48/2023 before the Debt Recovery Tribunal.

It will not be proper for the petitioner to agitate the

same issue on two forums. The writ petition is hence closed

without prejudice to the right of the petitioner to pursue SA

No.48 of 2023 before the Debt Recovery Tribunal.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 5667 OF 2023

APPENDIX OF WP(C) 5667/2023

PETITIONER'S EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.3.2022 ISSUED FROM THE INDO AMERICAN HOSPITAL, VAIKOM

Exhibit-P2 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.1.2023 ISSUED FROM THE NATIONAL INSTITUTE OF PHYSICAL MEDICINE AND REHABILITATION

Exhibit-P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT U/S 13(2) OF THE SARFAESI ACT DATED 28.4.2022

Exhibit-P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED NIL

Exhibit-P5 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 19498/2022 DATED 10.1.2023

Exhibit-P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 13.1.2023

Exhibit-P7 THE TRUE COPY OF THE DISABILITY CERTIFICATE DATED 23.9.2010

Exhibit-P8 THE TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF RS. 25 LAKHS TO THE RESPONDENT BANK DATED 16.2.2023

Exhibit-P9 THE TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE EARLIER AND PRESENT PHYSICAL CONDITION OF MY HUSBAND

Exhibit-P10 THE TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD, ERNAKULAM DATED 23.9.2010

Exhibit-P11 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 22.2.2023

Exhibit-P12 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 16.3.2023

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE