Kerala High Court
State Bank Of India vs Avaran Associates on 28 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP(C) NO. 1022 OF 2024
O.S 333/2023, PRINCIPAL MUNSIFF COURT, THRISSUR
PETITIONERS/PETITIONER/4TH DEFENDANT & DEFENDANT NO.3:
1 STATE BANK OF INDIA
ASSET RECOVERY MANAGEMENT BANK
(PRESENTLY SARB-II) ERNAKULAM, R.S BUILDING,
M.G ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF
MANAGER AND AUTHORIZED OFFICER, PIN - 682011
2 STATE BANK OF INDIA
WADAKKANCHERY BRANCH, OTTUPARA, WADAKKANCHERY
DESOM, WADAKKANCHERY P.O, THALAPPILLY TALUK,
THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH
MANAGER, PIN - 680582
BY ADVS.
M.JITHESH MENON
P.G.MAHESHKUMAR
RESPONDENTS/RESPONDENT/PLAINTIFF & DEFENDANTS NO.1 & 2:
1 AVARAN ASSOCIATES
MUKUNDAPURAM TALUK, IRINJALAKKUDA VILLAGE AND
DESOM, IRINJALAKKUDA P.O, THRISSUR DISTRICT,
REPRESENTED BY ITS MANAGING PARTNER MR. ROBI,
PIN - 680121
2 NABEESA
W/O. PAREED, ARANGATHUPARAMBIL HOUSE,
KUMARANELLOOR P.O, THALAPPILLY TALUK,
THRISSUR DISTRICT,
PIN - 680590
OP(C) NO. 1022 OF 2024
- : 2 :-
3 A.M PAREED
S/O. MOIDU, ARANGATHUPARAMBIL HOUSE,
KUMARANELLOOR P.O, THALAPPITTY TALUK, THRISSUR
DISTRICT. (SOLE PROPRIETOR OF M/S. AL SAFA
TRADING COMPANY, 1/426 CHATHANCHIRA ROAD,
KUMARANELLOOR P.O, THRISSUR DISTRICT,
PIN - 680590
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1022 OF 2024
- : 3 :-
JUDGMENT
The petitioners are defendants 3 and 4 in O.S.No.333 of 2023
on the files of the Principal Munsiff Court, Thrissur.
2. The defendants raised a contention that the suit is not
maintainable, since there is a bar of jurisdiction under Section 34 of
the Securitisation and Reconstruction of Financial Assests and
Enforcement of Security Interest Act, 2002.
3. The petitioner has moved Ext.P7 application to decide the
issue of maintainability as a preliminary issue. The limited prayer of
the petitioners is to give a direction to the Principal Munsiff Court,
Thrissur to dispose of Ext.P7 as expeditiously as possible.
Having heard the learned counsel for the petitioners, this
original petition is disposed of with a direction to the Principal
Munsiff Court, Thrissur, to dispose of Ext.P7 application, in
accordance with law, after hearing both sides, within a period of one
month from the date of receipt of a copy of this judgment.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
OP(C) NO. 1022 OF 2024
- : 4 :-
APPENDIX OF OP(C) 1022/2024
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE NOTICE ISSUED BY THE
1ST PETITIONER TO THE RESPONDENTS 2 & 3
UNDER SECTION 13[2] OF THE SARFAESI ACT
DATED 01-12-2022.
EXHIBIT-P2 TRUE COPY OF THE NOTICE ISSUED BY THE
1ST PETITIONER TO THE RESPONDENTS 2 & 3
UNDER SECTION 13[4] OF THE SARFAESI ACT
DATED 10-02-2023.
EXHIBIT-P3 TRUE COPY OF THE ORDER IN M.C.367/2023
DATED 29-05-2023 ON THE FILE OF THE
CHIEF JUDICIAL MAGISTRATE COURT THRISSUR
EXHIBIT-P4 TRUE COPY OF THE PLAINT FILED BY THE 1ST
RESPONDENT BEFORE THE HON'BLE MUNSIFF
COURT,THRISSUR NUMBERED AS
O.S.NO.333/2023 DATED 22-02-2023
EXHIBIT-P5 TRUE COPY OF THE I.A. NO. 03/2023 IN
O.S. NO.333/2023 DATED 22-02-2023 FILED
BY THE 1ST RESPONDENT BEFORE THE MUNSIFF
COURT, THRISSUR
EXHIBIT-P6 TRUE COPY OF THE ORDER OF INTERIM
INJUNCTION IN I.A. 3/2023 IN O.S
333/2023 DATED 24-02-2023 PASSED BY THE
HON'BLE MUNSIFF'S COURT, THRISSUR
EXHIBIT-P7 TRUE COPY OF THE AFFIDAVIT WITH PETITION
NUMBERED AS I.A.14/2023 IN
O.S.NO.333/2023 FILED BY THE 1ST
PETITIONER BEFORE THE MUNSIFF COURT,
THRISSUR DATED 23-09-2023 TO DECIDE THE
MAINTAINABILITY OF THE SUIT, AS A
PRELIMINARY ISSUE
