Kerala High Court
Alex Augustine vs The Authorised Officer on 3 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP(C) NO. 21 OF 2024
JUDGMENT DATED 18.12.2023 IN CMA NO.18 OF 2023 OF ASSISTANT
SESSIONS COURT/SUB COURT/COMMERCIAL COURT, ORDER IN IA
1/2022 IN OS NO.213 OF 2022 OF MUNSIFF MAGISTRATE,
ERATTUPETTA
PETITIONERS/APPELLANTS 1 TO 4/PETITIONERS 1 TO 4/PLAINTIFFS
1 TO 4:
1 ALEX AUGUSTINE, AGED 41 YEARS
S/O LATE AUGUSTINE JOSEPH, RESIDING AT
ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM
VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT, PIN -
686651
2 BINU AUGUSTINE, AGED 50 YEARS
S/O LATE AUGUSTINE JOSEPH, RESIDING AT
ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM
VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT
REPRESENTED BY POWER OF ATTORNEY HOLDER ALEX
AUGUSTINE (PETITIONER NO.1), PIN - 686651
3 BIJU AUGUSTINE, AGED 45 YEARS
S/O LATE AUGUSTINE JOSEPH, RESIDING AT
ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM
VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT
REPRESENTED BY POWER OF ATTORNEY HOLDER ALEX
AUGUSTINE , (PETITIONER NO.1), PIN - 686651
O.P.(C).No.21/2024
-:2:-
4 MINI AUGUSTINE, AGED 48 YEARS
D/O LATE AUGUSTINE JOSEPH RESIDING AT ELAMPASSERIL
HOUSE, PRAVITHANAM P.O, BHARANGANAM VILLAGE,
MEENACHILTALUK, KOTTAYAM DISTRICT-686651
REPRESENTED BY POWER OF ATTORNEY HOLDER ALEX
AUGUSTINE(PETITIONER NO.1), PIN - 686651
BY ADVS.SABU GEORGE
P.B.KRISHNAN
P.B.SUBRAMANYAN
MANU VYASAN PETER
RESPONDENT/RESPONDENT & APPELLANT NO.5/RESPONDENT &
PETITIONER NO.5/DEFENDANT & PLAINTIFF NO.5:
1 THE AUTHORISED OFFICER
SOUTH INDIAN BANK LTD, FIRST FLOOR REGENCY SQUARE,
COLLECTORATE P.O, KOTTAYAM-, PIN - 686002
2 CINI AUGUSTINE, AGED 43 YEARS
D/O LATE AUGUSTINE JOSEPH RESIDING AT ELAMPASSERIL
HOUSE, PRAVITHANAM P.O, BHARANGANAM VILLAGE,
MEENACHILTALUK, KOTTAYAM DISTRICT REPRESENTED BY
POWER OF ATTORNEY HOLDER ALEX AUGUSTINE AGED 41
YEARS, S/O LATE AUGUSTINE JOSEPH, RESIDING AT
ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM
VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT., PIN -
686651
BY ADVS.SUNIL SHANKER
VIDYA GANGADHARAN
GAYATHRI.M.M
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.21/2024
-:3:-
JUDGMENT
Dated this the 3rd day of April, 2024
It is submitted by the learned counsel for the 1st respondent
bank that the account has already been settled and the bank is
not proceeding with the securitisation measures. Hence, the
litigation has become infructuous. Accordingly, the original
petition is closed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF OP(C) 21/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PLAINT DATED 29-11-
2022 IN O.S NO.213 OF 2022 ON THE FILE
OF THE MUNSIFF'S COURT, ERATTUPETTA
Exhibit-P2 A TRUE COPY OF I.A NO.1 OF 2022 DATED
29-11-2022 IN O.S NO.213 OF 2022 ON THE
FILE OF THE MUNSIFF'S COURT,
ERATTUPETTA
Exhibit-P3 A TRUE COPY OF THE REPORT DATED 05-01-
2023 FILED BY ADVOCATE JAISONE.JOSE IN
I.A NO.2 OF 2022 IN O.S NO.213 OF 2022
ON THE FILE OF THE MUNSIFF'S COURT,
ERATTUPETTA
Exhibit-P4 A TRUE COPY OF OBJECTION DATED 15-02-
2023 FILED BY THE RESPONDENT IN I.A
NO.1 OF 2022 IN O.S NO.213 OF 2022 ON
THE FILE OF THE MUNSIFF'S COURT,
ERATTUPETTA
Exhibit-P5 A TRUE COPY OF THE WRITTEN STATEMENT
DATED 15-02-2023 FILED BY THE
RESPONDENT IN O.S NO.213 OF 2022 ON THE
FILE OF THE MUNSIFF'S COURT,
ERATTUPETTA
Exhibit-P6 A TRUE COPY OF THE ORDER DATED 24-08-
2023 IN I.A NO.1 OF 2022 IN O.S NO.213
OF 2022 ON THE FILE OF THE MUNSIFF'S
COURT, ERATTUPETTA
Exhibit-P7 A TRUE COPY OF CMA NO.18 OF 2023 ON THE
FILE OF THE SUBORDINATE JUDGE'S COURT,
PALA, DATED 11-09-2023
Exhibit-P8 A TRUE COPY OF THE COUNTER AFFIDAVIT IN
CMA NO.18 OF 2023 ON THE FILE OF THE
SUBORDINATE JUDGE'S COURT, PALA, DATED
09-10-2023
Exhibit-P9 A TRUE COPY OF THE JUDGMENT DATED 18-
12-2023 IN CMA NO.18 OF 2023 ON THE
FILE OF THE SUBORDINATE JUDGE'S COURT,
PALA,
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the memorandum of SA No.
398 of 2023 dated 31.07.2023 (without
Annexures)
Exhibit R1(b) True copy of the order dated 13.09.2023
in IA No. 2507 of 2023 in SA No. 398 of
PETITIONER EXHIBITS
Exhibit P10 A TRUE COPY OF THE SANCTION/RENEWAL OF
CREDIT FACILITY FROM THE SOUTH INDIAN
BANK DATED 19-03-2019 WHICH WAS MARKED
AS EXT-B1 IN I.A NO.1 OF 2022 IN O.S
NO.213 OF 2022 ON THE FILE OF THE
MUNSIFF'S COURT, ERATTUPETTA
Exhibit P11 A TRUE COPY OF THE DEED OF DECLARATION
FROM THE MORTGAGOR, DATED 29-03-2019,
WHICH WAS MARKED AS EXT-B5 IN I.A NO.1
OF 2022 IN O.S NO.213 OF 2022 ON THE
FILE OF THE MUNSIFF'S COURT,
ERATTUPETTA
Exhibit P12 A TRUE COPY OF THE DEED OF DECLARATION
FROM THE MORTGAGOR, DATED 29-03-2019,
WHICH WAS MARKED AS EXT-B6 IN I.A NO.1
OF 2022 IN O.S NO.213 OF 2022 ON THE
FILE OF THE MUNSIFF'S COURT,
ERATTUPETTA
Exhibit P13 A TRUE COPY OF PART-A OF THE MEMORANDUM
OF O.A NO.223 OF 2022 FILED BEFORE THE
DEBT RECOVERY TRIBUNAL-II, ERNAKULAM,
DATED 15-03-2022 (WITHOUT THE
ANNEXURES)
Exhibit-P14 A true copy of the judgment of this
Hon'ble Court in Crl.M.C No.9492 of
2023, dated 12-12-2023
Exhibit-P15 A true copy of the certificate from
Krishi Bhavan, Bharananganam with
regard to 0.26 Hectares of land in
Sy.No.149/5 of Bharananganam Village,
dated 14-06-2022, which was marked as
Ext-A9 in I.A No.1 of 2022 in O.S
No.213 of 2022 on the file of the
Munsiff's Court, Erattupetta
Exhibit-P16 A true copy of the certificate from
Krishi Bhavan, Bharananganam with
regard to 1.20 Hectares of land in
Sy.No.149/6 of Bharananganam Village,
dated 14-06-2022, which was marked as
Ext-A9 in I.A No.1 of 2022 in O.S
No.213 of 2022 on the file of the
Munsiff's Court, Erattupetta
Exhibit-P17 A true copy of the notice intimating
about the Lok Adalath proposed to be
conducted on 20-01-2024 by the Kerala
State Legal Services Authority
