Kerala High Court
The State Bank Of India, Represented By ... vs Ajithkumar on 1 November, 2024
O.P.(C) No.1672 of 2024 1
2024:KER:81295
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
OP(C) NO. 1672 OF 2024
AGAINST THE ORDER DATED 06.07.2024 IN IA 26/2024 IN OS
NO.36 OF 2017 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL
COURT,NEYYATTINKARA
PETITIONERS/DEFENDANTS 1 TO 3:
1 THE STATE BANK OF INDIA, REPRESENTED BY THE CHIEF
MANAGER,
STRESSED ASSETS RECOVERY BRANCH (S.A.R.B), L.M.S
COMPOUND, VIKAS BHAVAN (P.O), THIRUVANANTHAPURAM.,
PIN - 695033
2 THE ASSISTANT GENERAL MANAGER
AUTHORIZED OFFICER STATE BANK OF INDIA, RACPC-II,
CHANDRASEKHARAN NAIR STADIUM, PALAYAM,
THIRUVANANTHAPURAM., PIN - 695001
3 THE MANAGER , STATE BANK OF INDIA, PATTOM KSEB BRANCH,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.,
PIN - 695004
BY ADVS.
JAWAHAR JOSE
CISSY MATHEWS
SAFEER BAWA A.S.
ANGEL ROSE
RESPONDENTS/PLAINTIFF AND DEFENDANTS 4 & 5:
1 AJITHKUMAR, AGED 61 YEARS
S/O. SREEVARDHANAN, SREE SARAS, AYAMCODE, KOVALAM,
THIRUVANANTHAPURAM; NOW RESIDING AT WUERZENBACHSTRASSE
58, CH-6006, LUZERN, SWITZERLAND., PIN - 695027
2 ABHIRAJ. S,AGED 56 YEARS
S/O. SREEVARDHANAN, KOODARAM, T.C. 47/498-3,
O.P.(C) No.1672 of 2024 2
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GANGA NAGAR, KAMALESWARAM, MANACAUD (P.O),
THIRUVANANTHAPURAM., PIN - 695009
3 M/S. MADHAVA ENTERPRISES
PARAVILA, PACHALLOOR (P.O), THIRUVANANTHAPURAM;
REPRESENTED BY ITS PROPRIETOR ABHIRAJ. S,
AGED 56 YEARS, S/O. SREEVARDHANAN, KOODARAM,
T.C. 47/498-3, GANGA NAGAR, KAMALESWARAM,
MANACAUD (P.O), THIRUVANANTHAPURAM., PIN - 695005
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.1672 of 2024 3
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VIJU ABRAHAM, J.
.................................................................
O.P.(C) No.1672 of 2024
.................................................................
Dated this the 1st day of November, 2024
JUDGMENT
By Ext.P6 order the request of the petitioners for granting
extension of time for adducing evidence was rejected. When the matter
came up for consideration on 02.08.2024 I have granted an interim order
as prayed for on the undertaking of the petitioners that the witness who is
presently abroad will be made available within a period of one month.
Learned counsel for the petitioners submits that till date they could not
secure his presence. In view of the above, no order could be granted in
favour of the petitioners. Accordingly the original petition is dismissed.
VIJU ABRAHAM
JUDGE
cks
2024:KER:81295
APPENDIX OF OP(C) 1672/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE PLAINT BEARING NO. OS
36/2017 ON THE FILES OF SUB COURT,
NEYYATTINKARA.
Exhibit-P1(a) TRUE COPY OF THE WRITTEN STATEMENT DATED
19-3-2018 FILED BY THE BANK IN O.S.
NO.36/2017 ON THE FILES OF SUB COURT,
NEYYATTINKARA.
Exhibit -P2 TRUE COPY OF THE JUDGMENT DATED 20-9-
2023 IN F.A.O NO.64/2022.
Exhibit -P3 TRUE COPY OF THE “MEMORANDUM OF
DEPOSIT OF THE TITLE DEEDS” DATED
26-6-2009 EXECUTED BY THE 4TH DEFENDANT,
Exhibit -P4 TRUE COPY OF “MEMORANDUM OF
EXTENSION OF EQUITABLE MORTGAGE”
DATED 17-12-2010 EXECUTED BY THE
PLAINTIFF.
Exhibit-P5 TRUE COPY OF I.A.26/2024 FILED BY THE
PETITIONER IN O.S.NO. 36/2017.
Exhibit -P6 CERTIFIED COPY OF THE ORDER DATED 6-7-
2024 IN LA. NO. 26/2024 IN O.S. NO.
36/2017 IN THE COURT OF THE SUB JUDGE,
NEYYATTINKARA.
