Sabeena S v. Authorized Officer, Dewan Housing Finance Corporation Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936 WP(C).No.2675 of 2015 (H) ------------------------------------ PETITIONER:

------------------- SABEENA.S,SHANAVAS MANZIL,KADAKKAD, PANDALAM P.O.,KURAMPALA VILLAGE, PATHANAMTHITTA DISTRICT,PIN-689501 BY ADV.SRI.K.M.VARGHESE RESPONDENTS:

------------------------ 1.

AUTHORIZED OFFICER, DEWAN HOUSING FINANCE CORPORATION LTD, 4TH FLOOR,BHIWAPRKAR CHAMBERS, OPP.YEWANT STADIUM,DHANTOLI,NAGPUR,PIN-440012. 2.

DEWAN HOUSING FINANCE CORPORATION LTD, TRIVANDRUM BRANCH,GROUND FLOOR, PARAMESWARA TOWERS, NEAR GEETHANJALI HOSPITAL, VAZHUTHACAUD,THIRUVANANTHAPURAM, PIN-695 014 REPRESENTED BY MANAGER.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2675 of 2015 (H) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------ EXHIBIT-P1:TRUE COPY OF THE LETTER DATED 16TH AUGUST 2011 ISSUED TO THE PETITIONER.

EXHIBIT-P2:TRUE COPY OF THE NOTICE DATED 15TH JANUARY 2014 ISSUED BY THE RESPONDENT NO.1.

EXHIBIT-P3:TRUE COPUY OF THE REPLY NOTICE DATED 20TH MARCH 2014 SENT TO THE RESPONDENT NO.1.

EXHIBIT-P4:TRUE COPY OF THE NOTICE DATED 19TH MARCH 2014 ISSUED BY RESPONDENT NO.1.

EXHIBIT-P5:TRUE COPY OF THE JUDGMENT DATED 31ST JULY 2014 IN WPC NO.8719 OF 2014.

EXHIBIT-P6:TRUE COPY OF THE NOTICE DATED 6TH JANUARY 2015 ISSUED BY ADVOCATE COMMISSIONER IN M.C.NO.1178 OF 2014 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

EXHIBIT-P7:TRUE COPY OF THE PETITION PRESENTED ON 10TH NOVEMBER 2014 IN M.C.NO.1178 OF 2014 PENDING BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXHIBIT-P8:TRUE COPY OF THE AFFIDAVIT DATED 7TH NOVEMBER 2014 IN M.C.NO.1178 OF 2014.

EXHIBIT-P9:TRUE COPY OF THE ORDER DATED 10TH NOVEMBER 2014 IN M.C. NO.1178 OF 2014 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT,THIRUVANANTHAPURAM.

EXHIBIT-P10:TRUE COPY OF THE LETTER DATED 24TH JANUARY 2015 SENT BY THE PETITIONER LETTER DATED 24TH JANUARY 2015 SENT BY THE PETITIONER.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.K.JAYASANKARAN NAMBIAR, J.

................................................. W.P.(C) No. 2675 of 2015 (H) ............................................... Dated this the 18th day of February, 2015

JUDGMENT

The petitioner has approached this Court challenging the action taken by the respondent Bank for recovery of amounts granted to him by way of loan.

2. When the matter came up for admission, it was noticed that the husband of the petitioner had already approached this Court on an earlier occasion and by Ext.P5 judgment, the husband of the petitioner was granted an opportunity for repaying the amount in installments.

3. In the present writ petition, the petitioner also seeks identical reliefs. On noticing Ext.P5 judgment, I had directed the petitioner to take steps to file a review petition against Ext.P5 judgment and in order to enable her to do so, I had granted an interim stay, initially for a week and thereafter further extended , so as to enable the petitioner to file a review petition before this Court.

When the matter was called up today, it is reported that a review petition has since been filed by the husband of the petitioner and the same has been numbered. Taking note of this submission, I dismiss this writ petition as not maintainable.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/18/02/