Kerala High Court
Hdfc Bank Limited vs Joseph Mani on 24 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
OP(C) NO. 1097 OF 2024
AGAINST THE ORDER DATED 02.04.2024 IN IA 1/2024 IN AS NO.9/2024 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KATTAPPANA
PETITIONER/RESPONDENT IN AS:
HDFC BANK LIMITED
REPRESENTED BY THE AUTHORISED OFFICER MR. MANIKANDAN
T., CHOICE TOWERS, GROUND FLOOR, MANORAMA JUNCTION,
ERNAKULAM, KOCHI, PIN - 682016
BY ADVS. B.J.JOHN PRAKASH P.PRAMEL COLIN ALEX SOORAJ
M.S. VARSHA VIJAYAKUMAR NAIR ANAGHA MADATH THEKKEPATTE
SONA A.B.
RESPONDENTS/APPELLANTS IN AS:
1 JOSEPH MANI
AGED 68 YEARS, S/O MANI, VEMBINCKAL HOUSE,
NARAKAKKANAM KARA, NARAKAKKANAM P.O., THANKAMANY
VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685602
2 MERCY
AGED 61 YEARS, W/O JOSEPH, VEMBINCKAL HOUSE,
NARAKAKKANAM KARA, NARAKAKKANAM P.O, THANKAMANY
VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685602
3 JOBY JOSE
AGED 38 YEARS, S/O JOSEPH, VEMBINCKAL HOUSE,
NARAKAKKANAM KARA, NARAKAKKANAM P.O., THANKAMANY
VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685602
4 THOMAS
AGED 66 YEARS, S/O VARKEY, VEMBINCKAL HOUSE,
NARAKAKKANAM KARA, NARAKAKKANAM P.O., THANKAMANY
VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685602
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1097 OF 2024
-2-
JUDGMENT
The petitioner is the defendant and respondents are the
plaintiffs in O.S No.71/2023 on the file of Munsiff Court,
Idukki, (for short, 'the Trial Court').
2. The suit was instituted for a permanent
prohibitory injunction restraining the defendant from taking
possession of the plaint schedule property under the
SARFAESI Act, 2002. The petitioner raised a specific plea
that the suit is not maintainable and the remedy of the
respondents is under Section 17 of the SARFAESI Act, 2002.
However, the respondents contended that the property in
question is an agricultural land and hence, the Civil Court
has the jurisdiction.
3. The Trial Court has accepted the plea of the
petitioner and returned the plaint under Order VII Rule 10A
OP(C) NO. 1097 OF 2024
of CPC to present before the Court properly as per Ext.P3
order. The respondents challenged Ext.P3 order before the
Sub Court, Kattappana (for short, 'the Appellate Court').
The Appellate Court, as per Ext.P6 order, granted an ad
interim injunction, restraining the petitioner from taking
possession of the plaint schedule property under the
SARFAESI Act, 2002. It is challenging the said order,
petitioner has come up before this Court.
4. I have heard the learned counsel for the
petitioner.
5. Ext.P6 order is only an ad interim injunction.
The petitioner can very well appear before the said court,
and contend that the Appellate Court has no jurisdiction to
pass Ext.P6 order. Hence, this Original Petition is disposed
of as follows:
OP(C) NO. 1097 OF 2024
a) The petitioner shall file an objection to IA
No.1/2024 without further delay.
b) On filing objection, the Appellate Court is directed
to dispose of IA No.1/2024 within a period of one
month thereafter, after hearing both sides.
c) The petitioner is free to approach this Court if it is
aggrieved by the order in IA No.1/2024.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
JS
OP(C) NO. 1097 OF 2024
APPENDIX OF OP(C) 1097/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE DEMAND NOTICE DATED 21.06.2022
ISSUED BY THE BANK
Exhibit-P2 TRUE COPY OF THE I. A. NO. 3 OF 2023 IN O. S. NO.
71 OF 2023 BEFORE THE MUNSIFF COURT AT IDUKKI
Exhibit-P3 TRUE COPY OF THE ORDER DATED 24.02.2024 IN I. A.
NO. 3 OF 2023 IN O. S. NO. 71 OF 2023 PASSED BY THE
HON'BLE MUNSIFF COURT AT IDUKKI
Exhibit-P4 TRUE COPY OF THE APPEAL NO. 9 OF 2024 FILED BY THE
RESPONDENTS 1 TO 4 BEFORE THE HON'BLE SUB COURT AT
KATTAPPANA
Exhibit-P5 TRUE COPY OF THE I. A. NO. 1 OF 2024 IN A. S. NO. 9
OF 2024 FILED BEFORE THE HON'BLE SUB COURT AT
KATTAPPANA
Exhibit-P6 TRUE COPY OF THE ORDER DATED 02.04.2024 IN I. A.
NO. 1 OF 2024 IN A. S. NO. 9 OF 2024 PASSED BY THE
HON'BLE SUB COURT AT KATTAPPANA
