Mani.M vs Kerala Bank Ltd Erstwhile The Kerala ...
2024 Latest Caselaw 33316 Ker

Kerala High Court

Mani.M vs Kerala Bank Ltd Erstwhile The Kerala ... on 15 November, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                  &
                  THE HONOURABLE MR. JUSTICE S.MANU
    FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
                         WA NO. 1741 OF 2024
      AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.34741 OF 2024 OF

HIGH COURT OF KERALA

APPELLANT:

             MANI.M,
             AGED 68 YEARS
             S/O MARUDHACHALAM RESIDING AT 5/177, EDAKATTIL HOUSE,
             THAIKKATTUKARA.P.O, ALUVA, ERNAKULAM , KERALA, PIN -
             683106


             BY ADVS.
             PRATHAP. S.R.K.
             ADWYTHA P.R.
             DHANANJAY DEEPAK


RESPONDENTS:

     1       KERALA BANK LTD ERSTWHILE THE KERALA STATE CO-OPERATIVE
             DISTRICT CO-OPERATIVE BANK LIMITED,
             ERNAKULAM, DISTRICT OFFICE, KAKKANAD P.O,
             KOCHI ,REPRESENTED BY ITS CHIEF MANAGER, PIN - 682030

     2       THE BRANCH MANAGER,
             KERALA BANK LTD ERSTWHILE KERALA STATE CO-OPERATIVE
             BANK LTD, ANANDHI BUILDING,,PULLEPADY JN, CHITTOOR
             ROAD, KERALA, PIN - 682035

             BY ADV K.AMMINIKUTTY

             DHANANJAY DEEPAK
             SRI VIVEK MENON
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.11.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1741 of 2024 & 1750 of 2024
                                     2


                                                  2024:KER:87592
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                               &
               THE HONOURABLE MR. JUSTICE S.MANU
 FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
                      WA NO. 1750 OF 2024
     AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.34844 OF

2024 OF HIGH COURT OF KERALA

APPELLANT:

             MANI.M,
             AGED 68 YEARS
             S/O MARUDHACHALAM RESIDING AT 5/177, EDAKATTIL
             HOUSE, THAIKKATTUKARA.P.O, ALUVA, ERNAKULAM ,
             KERALA, PIN - 683106


             BY ADVS.
             PRATHAP. S.R.K.
             ADWYTHA P.R.
             DHANANJAY DEEPAK


RESPONDENTS:
    1     KERALA BANK LTD ERSTWHILE THE KERALA STATE CO-
          OPERATIVE DISTRICT CO-OPERATIVE BANK LIMITED,
          ERNAKULAM DISTRICT OFFICE, KAKKANAD P.O,
          KOCHI,REPRESENTED BY ITS CHIEF MANAGER, PIN -
          682030

     2       THE BRANCH MANAGER,
             KERALA BANK LTD ERSTWHILE KERALA STATE CO-OPERATIVE
             BANK LTD, ANANDHI BUILDING, PULLEPADY JN, CHITTOOR
             ROAD, KERALA, PIN - 682035

             BY ADV K.AMMINIKUTTY
             DHANANJAY DEEPAK
             SRI VIVEK MENON
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1741 of 2024 & 1750 of 2024
                                         3


                                                                 2024:KER:87592

                                 JUDGMENT

Dated this the 15th day of November 2024

Nitin Jamdar, C.J.

Heard Mr.Dhananjay Deepak, learned counsel appearing for the Petitioner.

2. In view of the decision of the Hon'ble Supreme Court in the case of PHR Invent Educational Society v. UCO Bank and Others [AIR 2024 SC 1893] the Writ Petition filed in respect of measures taken by the Respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ought not to be entertained.

3. The learned Single Judge extended indulgence, in an earlier round of litigation, and thereafter having been noticed that the directions given in earlier Writ Petition not being adhered to, dismissed the Writ Petition.

4. No further indulgence can be extended and the Appeal is accordingly dismissed.

sd/-

NITIN JAMDAR CHIEF JUSTICE sd/-

S.MANU JUDGE Nsd WA Nos.1741 of 2024 & 1750 of 2024

2024:KER:87592

PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE BANK STATEMENT ISSUED BY THE 2ND RESPONDENT IN ACCOUNT NO. 009605083000977 FOR THE PERIOD 01/01/2020 TO 24/02/2020