Kerala High Court
Thitta Purushothaman vs The South Indian Bank on 7 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024/16TH KARTHIKA, 1946
WP(C) NO. 35441 OF 2024
PETITIONERS:
1 THITTA PURUSHOTHAMAN,
AGED 63 YEARS
S/O. THITTA RAMAN, RESIDING AT THITTA HOUSE,
AZHIKODE (P.O), KANNUR, PIN - 670 009.
2 M/S. PIONEER AUTO AND ENGINEERING WORKS,
REPRESNTED BY ITS PARTNER MR.THITTA
PURUSHOTHAMAN, NEAR DHANALAKSHMI HOSPITAL, THANA,
KANNUR, PIN - 670 002.
BY ADVS.
JAWAHAR JOSE
AUGUSTINE P.
CISSY MATHEWS
GREGORY PRINCE MYLADI
ANGEL ROSE
RESPONDENTS:
1 THE SOUTH INDIAN BANK,
REPRESENTED BY ITS AUTHORIZED OFFIER, REGIONAL
OFFICE, K.V.R.TOWERS,PAMBAN MADHAVAN ROAD,
OPPOSITE L.I.C.BUILDING, TALAP, KANNUR,
PIN - 670 002.
2 POTHAN RAJAN,
S/O NARAYANAN, RESIDING AT KOUSTHUBHAM,
PALLIKKULAM, CHIRAKKAL (P.O), KANNUR DISTRICT,
2
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PIN - 670 002.
SRI. MOHAN JACOB GEORGE-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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D. K. SINGH, J.
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W.P.(C) No. 35441 of 2024
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Dated this the 7th day of November, 2024
JUDGMENT
1. The present writ petition has been filed for the following
prayers;
I) Call for the records leading to the case, and issue a writ
in the nature of certiorari quashing Exhibit-P7 order;
II) Declare that the 1st respondent has no right to
proceed against the property of 2nd petitioner, based on
the mortgage created by the 2nd respondent with
respect to the said property with the 1st respondent
having an extent of 12.60 cents.
iii) Grant such other order or direction as this Hon'bie
Court may deem fit and necessary, in the facts and
circumstance of the case.
2. The petitioner has already approached the DRAT, Chennai
against the impugned order passed by the DRT -1, Ernakulam in SA
No. 581 of 2022 dated 30.08.2024.
3. Now the Chairperson of the DRAT has been appointed and
regular sittings of the Appellate Tribunals are taking place. In view
thereof, this Court would not like to keep this writ petition
pending. Therefore, the present writ petition is hereby disposed
of with liberty to the petitioner to pursue his remedy of appeal
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before the DRAT. DRAT, Chennai is directed to take up the appeal
at an earlier date for consideration.
4. For a period of two weeks from today, the Bank should defer
taking physical possession of secured assets. This Order will not
influence the DRAT in any manner for considering the appeal and
the interim application on merits.
Sd/-
D. K. SINGH
JUDGE
Svn
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APPENDIX OF WP(C) 35441/2024
PETITIONERS' EXHIBITS
Exhibit -P1 TRUE COPY OF THE ORDER OF THE HON'BLE
SUPREME COURT REPORTED IN 2021 SCC
ONLINE SC 3191.
Exhibit -P2 TRUE COPY OF THE PARTNERSHIP DEED DATED
25-6-1980 EXECUTED BETWEEN THE 2ND
RESPONDENT TOGETHER WITH HIS FATHER AND
TWO BROTHERS.
Exhibit -P3 TRUE COPY OF THE DEED OF DISSOLUTION
DATED 31-8-1988 EXECUTED BETWEEN THE
2ND RESPONDENT TOGETHER WITH HIS FATHER
AND TWO BROTHERS.
Exhibit-P4 TRUE COPY OF PARTNERSHIP DEED DATED 1-
9-1988 EXECUTED BETWEEN THE 1ST
PETITIONER AND THE 2ND RESPONDENT.
Exhibit -P5 TRUE COPY OF ORDER DATED 17-1-2023 IN
I.A. NO. 2956/2022 IN S.A. NO. 581/2022
OF THE DEBTS RECOVERY TRIBUNAL-I,
ERNAKULAM.
Exhibit--P6 TRUE COPY OF ORDER DATED 1-2-2024 IN
MA.(SA) 12/2023 OF THE DEBTS RECOVERY
APPELLATE TRIBUNAL, CHENNAI.
Exhibit-P6(a) TRUE COPY OF THE PROCEEDINGS OF THE
TRIBUNAL ON 8-7-2024 DOWNLOADED FROM
THE WEB PORTAL "DRT.GOV.IN.
Exhibit -P7 TRUE COPY OF THE FINAL ORDERS DATED 30-
8-2024 IN S.A NO.581/2022 OF THE DEBTS
RECOVERY TRIBUNAL-1, ERNAKULAM.
Exhibit -P8 TRUE COPY OF THE AGREEMENT DATED 10-7-
1989 EXECUTED BY THE 2ND RESPONDENT, AS
A PARTNER OF THE 2ND PETITIONER FIRM,
WITH THE MARUTHI UDYOG LIMITED.
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Exhibit -P9 TRUE COPY OF THE STATEMENT OF ACCOUNTS
PERTAINING TO THE FINANCIAL YEAR 1994-
95, SUBMITTED BY THE 2ND PETITIONER
FIRM BEFORE THE INCOME TAX DEPARTMENT.
Exhibit -P10 TRUE COPY OF THE STATEMENT OF ACCOUNTS
PERTAINING TO THE FINANCIAL YEAR 1996-
97, SUBMITTED BY THE 2ND PETITIONER
FIRM BEFORE THE INCOME TAX DEPARTMENT.
Exhibit-P11 TRUE COPY OF THE CERTIFICATE DATED 3-7-
2024 ISSUED BY THE BY THE CHARTERED
ACCOUNTANTS OF THE 2ND PETITIONER FIRM.
RESPONDENT EXHIBITS
Exhibit.R1(a) COPY OF JUDGMENT DATED 08.04.2024 IN
Exhibit.R1(b) COPY OF JUDGMENT DATED 11.04.2024 IN
