Kerala High Court
Philip.M.P vs The Chief Manager And Authorized ... on 14 November, 2024
2024:KER:85128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
WP(C) NO. 17255 OF 2020
PETITIONER:
JOHNY THOMAS,
AGED 61 YEARS
S/O JOSEPH, PADINJAREPPARAMBIL HOUSE, KALARKODE,
ALAPPUZHA-688003.
BY ADVS.
S.S.RAJESH
V.P.REMESH
RESPONDENTS:
1 THE AUTHORISESD OFFICER/ CHIEF MANAGER,
SOUTH INDIAN BANK REGIONAL OFFICE ,ST FLOOR,
REGENCY SQUARE, COLLECTORATE P.O.KOTTAYAM-686 002.
2 THE BRANCH MANAGER,
SOUTH INDIAN BANK, PONKUNNAM BRANCH, PONKUNNAM,
KOTTAYAM-686 506.
3 THE BRANCH MANAGER,
KERALA STATE FINANCIAL ENTERPRISES, KOTTAYAM MAIN
BRANCH, K.O.VARGHESE MEMORIAL BUILDING, BAKER
JUNCTION, KOTTAYAM-686 001.
BY ADVS.
K.K.CHANDRAN PILLAI (SR.)
SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD.
S.AMBILY
MICKY THOMAS
SRI.SALIL NARAYANAN,SC
WP(C)No. 17255, 5674, 7915 of 2020
2024:KER:85128
2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.11.2024, ALONG WITH WP(C).5674/2020, 7915/2020, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No. 17255, 5674, 7915 of 2020
2024:KER:85128
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
WP(C) NO. 5674 OF 2020
PETITIONER:
JOHNY THOMAS,
AGED 61 YEARS
S/O.JOSEPH, PADINJAREPPARAMBIL HOUSE, KALARKODE,
ALAPPUZHA-688003.
BY ADVS.
S.S.RAJESH
V.P.REMESH
RESPONDENTS:
1 THE AUTHORISED OFFICER,
SOUTH INDIAN BANK REGIONAL OFFICE, ST.FLOOR,
REGENCY SQUARE, COLLECTORATE.P.O, KOTTAYAM-686 002.
2 THE BRANCH MANAGER,
SOUTH INDIAN BANK, PONKUNNAM BRANCH, PONKUNNAM,
KOTTAYAM-686 506.
BY ADVS.
K.K.CHANDRAN PILLAI (SR.)
S.AMBILY
NAMITHA NAMBIAR
MICKY THOMAS
MANU HORMIS WILSON
WP(C)No. 17255, 5674, 7915 of 2020
2024:KER:85128
4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.11.2024, ALONG WITH WP(C).17255/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No. 17255, 5674, 7915 of 2020
2024:KER:85128
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
WP(C) NO. 7915 OF 2020
PETITIONER:
PHILIP.M.P.,
AGED 70 YEARS
S/O. PHILIPOST, RESIDING AT MANIMALAKKUNNEL HOUSE,
KOORALI P.O, ELANGULAM, KOTTAYAM DISTRICT
BY ADV B.KRISHNA MANI
RESPONDENTS:
1 THE CHIEF MANAGER AND AUTHORIZED OFFICER,
THE SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE, 1ST
FLOOR, REGENCY SQUARE, COLLECTORATE POST,
KOTTAYAM 686 002
2 THE BRANCH MANAGER,
THE SOUTH INDIAN BANK LIMITED, PONKUNNAM BRANCH,
KOTTAYAM 686 506
3 JOHNY THOMAS,
S/O. THOMAS OF M/S. NEW INDIA COMPLEX AND M/S. NEW
INDIA FUELS N.H 220, PONKUNNAM , KOTTAYAM 686 506
RESIDING AT VELLAPANIYIL HOUSE, KOORALI P.O,
ELAMGULAM 686 522
4 ANCY JOHNY,
W/O. JOHNY, RESIDING AT VELLAPAIYIL HOUSE, KOORALI
P.O, ELAMGULAM 686 522
5 JOSE MATHEW,
S/O. MATHAI, KARIVELIL HOUSE, PLASSANAL P.O,
KOTTAYAM DISTRICT 686 579
WP(C)No. 17255, 5674, 7915 of 2020
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BY ADVS.
SRI.K.K.CHANDRAN PILLAI (SR.)
SMT.S.AMBILY
SRI.SAJI THOMAS
SHRI.MICKY THOMAS
SHRI.MANU HORMIS WILSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.11.2024, ALONG WITH WP(C).17255/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No. 17255, 5674, 7915 of 2020
2024:KER:85128
7
JUDGMENT
(Dated this the 14th day of November, 2024)
These writ petitions were preferred challenging the
SARFAESI Proceedings. Two writ petitions,ie.,WP(C)Nos.17255 and
5674 of 2020 are preferred by the borrower and WP(C)No. 7915 of
2020 is preferred by the guarantor. During the pendancy of these
writ petitions, the loan account has been closed by the borrower.
Under such circumstances, nothing survives in these writ petitions.
Accordingly, these writ petitions are dismissed as infructuous.
Sd/-
P.M MANOJ
JUDGE
AKH
WP(C)No. 17255, 5674, 7915 of 2020
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APPENDIX OF WP(C) 5674/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LOAN SANCTIONING LETTER
ISSUED BY THE 2ND RESPONDENT IN THE
ACCOUNT OF M/S. NEW INIDA COMPLEX DATED
29.04.2013
EXHIBIT P2 TRUE COPY OF THE LOAN SANCTIONING LETTER
ISSUED BY THE 2ND RESPONDENT IN THE
ACCOUNT OF M/S. NEW INDIA FUELS DATED
03.04.2014
EXHIBIT P3 TRUE COPY OF THE NOTICE UNDER SECTION
13(2) OF THE SARFAESI ACT 2002 DATED
12.08.216 ISSUED BY THE 1ST RESPONDENT TO
THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE POSSESSION NOTICE ISSUED
BY THE 1ST RESPONDENT TO THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE ONETIME SETTLEMENT
NOTICE ISSUED BY HE 2ND RESPONDENT TO THE
PETITIONER
EXHIBIT P6 TRUE COPY OF THE TENDER CUM AUCTION SALE
NOTICE ISSUED BY THE 1ST RESPONDENT
EXHIBIT P7 TRUE COPIES OF THE CERTIFICATES ISSUED BY
THE KRISHI BHAVAN, ELANGULAM, CERTIFIED
THAT THE PROPERTIES ARE AGRICULTURAL LAND
EXHIBIT P8 TRUE COPY OF THE VALUATION REPORT OF
APPROVED VALUER WITH REGARD TO THE 67
CENTS OF LAND AND 65,000 SQ FT BUILDING
OWNED BY THE PETITIONER
EXHIBIT P9 TRUE COPY OF THE SAID OFFICIAL MEMORANDUM
ISSUED BY THE CJM, KOTTAYAM IN CMP
EXHIBIT P10 TRUE COPY OF THE DAILY STATUS OF MC
NO.258/2018 DOWN LOADED FROM THE E-COURTS
WEB SITE
WP(C)No. 17255, 5674, 7915 of 2020
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EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
20.02.2020 SUBMITTED BY THE PETITIONER TO
THE 1ST RESPONDENT
WP(C)No. 17255, 5674, 7915 of 2020
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APPENDIX OF WP(C) 7915/2020
PETITIONER EXHIBITS
Exhibit P10 A TRUE COPY OF THE LETTER DATED
21/02/2023 SUBMITTED BY THE 3RD
RESPONDENT TO THE 2ND RESPONDENT
Exhibit-P11 A TRUE COPY OF THE LETTER DATED 23-3-2023
ISSUED BY THE 2ND RESPONDENT TO THE 3RD
RESPONDENT
Exhibit-P12 A TRUE COPY OF THE PAYMENT RECEIPT DATED
24-3-2022
Exhibit-P13 A TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED 24-3-2022
Exhibit-P14 A TRUE COPY OF THE PROPOSAL TO THE 3RD
RESPONDENT BY VALUING EACH PORTION
Exhibit-P15 A TRUE COPY OF THE SALE CERTIFICATE DATED
7-5-2022
Exhibit-P16 A TRUE COPY OF THE SALE CERTIFICATE
ISSUED BY THE AUTHORISED OFFICER SOUTH
INDIAN BANK
Exhibit-P17 A TRUE COPY OF THE SALE CERTIFICATE
ISSUED BY THE AUTHORISED OFFICER SOUTH
INDIAN BANK
Exhibit-P18 A TRUE COPY OF THE LETTER VIA GMAIL
FORWARDED BY ONE SAME DATED NIL
Exhibit P19 A TRUE COPY OF THE VALUATION CERTIFICATE
DATED 20/5/2015 IN RESPECT OF THE
PROPERTIES OWNED BY THE 3RD RESPONDENT
Exhibit P20 A TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED 24-3-2022 ISSUED BY THE
SOUTH INDIAN BANK LTD.
Exhibit P21 A TRUE COPY OF THE ANOTHER PROCEEDING
DATED 18/8/2023 ISSUED BY THE MANAGER,
KERALA STATE BEVERAGES CORPORATION LTD.
WP(C)No. 17255, 5674, 7915 of 2020
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Exhibit P22 A TRUE COPY OF THE CERTIFICATE DATED 23-
8-2023 ISSUED BY THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, ELIKULAM
Exhibit P23 A TRUE COPY OF THE CERTIFICATE DATED
18/4/2017 ISSUED BY THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, ELIKULAM
Exhibit P24 A TRUE COPY OF THE TAX RECEIPT DATED
13/4/2023
Exhibit P25 A TRUE COPY OF THE ANOTHER CERTIFICATE
DATED 25/8/2023 ISSUED BY THE VILLAGE
OFFICER, ELANGULAM
Exhibit P26 A TRUE COPY OF THE ANOTHER PURCHASE
CERTIFICATE DATED 2/1/1976 ISSUED BY THE
LAND TRIBUNAL, KOTTAYAM
EXHIBIT P9 TRUE COPY OF THE COMMUNICTION DATED
10/5/2019
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED
6/3/2019 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 14/2/2020
ISSUED BY THE COURT OF THE CHIEF JUDICIAL
MAGISTRATE, KOTTAYAM IN M.C 258/18
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 7/1/2019
ISSUED BY THE BANK
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 11/1/2019
ISSUED BY THE COMMISSIONER APPOINTED IN
M.C 258/2018 BEFORE THE CHIEF JUDICIAL
MAGISTRATE COURT, KOTTAYAM
EXHIBIT P4 TRUE COPY OF THE TENDER CUM SALE NOTICE
DATED 16/2/2019 ISSUED BY THE FIRST
RESPONDENT
EXHIBIT P3 TRUE COPY OF THE INCOME TAX RETURNS
EXHIBIT P2 TRUE COPY OF THE PROJECT PROPOSAL
WP(C)No. 17255, 5674, 7915 of 2020
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EXHIBIT P1 TRUE COPY OF THE BROACHEER PERTAINIGN TO
THE 7 STORIED COMPLEX.
WP(C)No. 17255, 5674, 7915 of 2020
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APPENDIX OF WP(C) 17255/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TENDER CUM AUCTION SALE
NOTICE ISSUED BY THE 1ST RESPONDENT DATED
21.7.2020
EXHIBIT P2 TRUE COPY OF CASE STATUS DATED 20.3.2018
IN OS NO 11/2018 OF THE HONBLE
SUBORDINATE COURT, PALA
EXHIBIT P3 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT DATED
3.8.2020
EXHIBIT P4 TRUE COPY OF THE REPLY LETTER ISSUED BY
THE 1ST RESPONDENT TO THE PETITIONER
DATED 1.7.2020
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 12.8.2020
SUBMITTED TO THE 1ST RESPONDENT BY THE
PETITIONER
EXHIBIT P6 TRUE COPY OF THE TENDER CUM AUCTION
NOTICE DATED 11/02/2021 ISSUED BY THE 1ST
RESPONDENT.
