Thanuja Devi vs The Chief Manager
2024 Latest Caselaw 28911 Ker

Kerala High Court

Thanuja Devi vs The Chief Manager on 3 October, 2024

                                                        2024:KER:73149
WA NO. 1572 OF 2024

                                -1-

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

     THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                     &

                  THE HONOURABLE MR. JUSTICE S.MANU

 THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                          WA NO. 1572 OF 2024

        AGAINST     THE   JUDGMENT       DATED   23.09.2024   IN   WP(C)

NO.27756 OF 2023 OF HIGH COURT OF KERALA

APPELLANT(S)/PETITIONER:

           THANUJA DEVI,
           AGED 52 YEARS
           W/O. LATE TOM K. PHILIP, THAZHAMON PUTHENPURAKKAL
           HOUSE, KANJEETTUKARA P.O, VTC: AYIROOR,
           PATHANAMTHITTA, PIN-689611, PIN - 689611


           BY ADVS.
           P.M.JOSHI
           BONNY BABY
           SIJI K.PAUL
           SRUTHI SUNILKUMAR




RESPONDENT(S)/RESPONDENTS:

    1      THE CHIEF MANAGER,
           STATE BANK OF INDIA(FORMERLY SBT), SARB
           THIRUVANANTHAPURAM, LLMS COMPOUND, VIKAS BHAVAN
                                                             2024:KER:73149
WA NO. 1572 OF 2024

                                -2-

            P.O, THIRUVANANTHAPURAM, PIN - 695033

    2       STATE BANK OF INDIA,
            STATE BANK OF INDIA (FORMERLY SBT), AYIROOR
            BRANCH, AYIROOR, PATHANAMTHITTA, PIN - 689611

    3       SBI LIFE INSURANCE CO.LTD.,
            CENTRAL PROCESSING CENTRE,7TH LEVEL (D WING) AND
            8TH LEVEL, SEAWOODS GRAND CENTRAL TOWER 2,PLOT
            NO. R-1, SECTOR -40, SEAWOODS, NERUL NODE,NAVI
            MUMBAI- 400 706 REPRESENTED BY ITS GENERAL
            MANAGER, PIN - 400706

            FOR R1 AND R2
            SRI. TOM K.THOMAS
            SMT. M.U.VIJAYALAKSHMI



     THIS    WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION   ON
03.10.2024,    THE    COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
                                                        2024:KER:73149
WA NO. 1572 OF 2024

                                -3-

                            JUDGMENT

NITIN JAMDAR, C.J.

Heard Sri. P.M.Joshi, learned counsel for the Appellant and Sri. Tom K.Thomas and Smt. M.U.Vijayalakshmi, learned counsel for Respondent 1 and 2.

2. In view of the law settled by the Hon'ble Supreme Court time and again regarding non interference in writ jurisdiction in respect of matters under the SARFAESI Act where remedy is available to approach the Debt Recovery Tribunal (DRT), we are not inclined to interfere and the the learned Single Judge was right in not interfering in the matter. No exceptional circumstances are made out. All contentions of the parties are kept open to be urged before the appropriate forum.

3. With these observations, the writ appeal is disposed of.

Sd/-

NITIN JAMDAR CHIEF JUSTICE Sd/-

S.MANU JUDGE uu