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High Court of KeralaWP(C)/28380/2015disposed of

Shibu Issac v. M/S.Punjab National Bank Ltd

2015-10-12Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 28380 of 2015 (V) ---------------------------------------- PETITIONER(S):

---------------------- SHIBU ISSAC, AGED 38 YEARS, S/O.MV.ISSAC, MEKKATTU HOUSE, V.K.COLONY P.O, THENGODE KARA, KAKKANAD VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN 682021.

BY ADVS.SMT.P.P.STELLA SRI.BIJIMON C.CHERIAN RESPONDENT(S):

------------------------

1. M/S.PUNJAB NATIONAL BANK LTD, NO.7, BIKAJAI CAMA PLACE, AFRICA AVENUE, NEW DELHI, PIN 110066, REPRESENTED BY ITS CIRCLE HEAD, PUNJAB NATIONAL BANK, II, FLOOR 40/1461, MARKET ROAD, ERNAKULAM, PIN 682301.

2. M/S.PUBJAB NATIONAL BANK, TRIPUNITHURA BRANCH, WEST LAYAM ROAD, TRIPUNITHURA, ERNAKULAM DISTRICT, PIN 682301, REPRESENTED BY ITS SENIOR MANAGER.

BY ADVS. SRI.C.AJITH KUMAR SRI.SANTHEEP ANKARATH, SC, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 28380 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE HOUSING LOAN AGREEMENT DATED 23.09.2006 EXECUTED BY PETITIONER IN FAVOUR OF 2ND RESPONDENT P2:

TRUE COPY OF STATEMENT OF ACCOUNT ISSUED TO THE PETITIONER DT.9/8/14 P3:

TRUE COPY OF THE RELEVANT PAGE OF THE STATEMENT OF ACCOUNT ISSUED BY THE 2ND RESPONDENT DT.12/8/14 P4:

PRINT OUT OF THE ORIGINAL MAIL RECEIVED BY THE PETITIONER FROM BSNL AND THE RELEVANT PAGE OF THE ATTACHED CALL DETAILS OF HIS MOBILE DT.18/2/15 P5:

TRUE COPY OF THE FIR NO.499/2014 OF HILL PALACE STATION THRIPUNITHURA FILED AGAINST THE PETITIONER 7/3/14 P6:

TRUE COPY OF THE COMMON ORDER IN BAIL APPL.NOS. 1841/2014 AND 1843/2014 OF HON'BLE HIGH COURT OF KERALA 18/3/14 P7:

TRUE COPY OF THE LETTER DATED 25.03.2014 AND THE POSTAL RECEIPT ISSUED BY THE PETITIONER P8:

TRUE COPY OF THE INJUCTION ORDER DATED 28.08.2014 IN IA.NO.3677/2014 IN OS.NO.203/2014 OF 2ND ADDITIONAL SUB COURT ERNAKULAM P9:

TRUE COPY OF THE JUDGMENT IN WPC.NO.21195/2014 AND 21196/2014 OF THE HON'BLE HIGH COURT OF KERALA DT.20/8/14 P10:

TRUE COPY OF THE STAY ORDER DATED 07.11.2014 IN IA.NOS.2330/2014 &2534/2014 IN SA.348/2014 OF THE DEBT RECOVERY TRIBUNAL P11:

TRUE COPY OF THE WRITTEN STATEMENT WITH COUNTER CLAIM FILED BY THE PETITIONER IN OA.NO.516/2014 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM 16/3/15 P12:

TRUE COPY OF THE ORDER DATED 19.06.2015 IN SA.NO.244/2015 OF DEBT RECOVERY TRIBUNNAL, ERNAKULAM 19/6/15 P13:

TRUE COPY OF THE CMP.NO.3063/2015 FILED BY THE 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DT.25/7/14 P14:

TRUE COPY OF THE SALE NOTICE DATED 13.08.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / PJ P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 28380 of 2015 ===================================================== Dated this the 12th day of October, 2015

JUDGMENT

The petitioner had moved this Court through the present writ petition at a time when respondent bank was initiating proceedings against the property of the petitioner, even before the petitioner could approach the Debt Recovery Tribunal, through a Securitisation Application. When the matter came up for orders on 05.10.2015, this Court, taking note of the fact that an amount of Rs.6,12,000/-, that was directed to be paid by this Court in the earlier order 18.09.2015, had already been paid to the respondent bank, adjourned the matter till today, so as to enable the petitioner to approach the Debt Recovery Tribunal through a Securitisation Application. The interim order granted on 18.09.2015 was also extended till today.

Today, it is submitted by the learned counsel for the petitioner that the petitioner has moved the Debt Recoery Tribunal through a Securitisation Application as also an application for stay. Taking note of the said submission, I close the writ petition, by relegating the petitioner to his alternate remedy before the Debt Recovery Tribunal, for redressal of his grievance. Sd/- A.K.