Kerala High Court
P.R. Venu vs Bank Of India on 22 March, 2013
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 14TH DAY OF MARCH 2014/23RD PHALGUNA, 1935
WP(C).No. 6830 of 2014 (C)
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PETITIONER :
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P.R. VENU, AGED 39 YRS.,
S/O.RAMACHANDRAN NAIR, PATTATHIL KALATHIL
KADAKKARAPPALLY P.O., CHERTHALA,
ALAPPUZHA DISTRICT.
BY ADV. SRI.K.RAMANATHAN
RESPONDENTS :
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1. BANK OF INDIA
ZONAL OFFICE, KERALA ZONE, KALOOR TOWERS
KALOOR-KADAVANTHRA ROAD, COCHIN-682017
REPRESENTED BY ITS AUTHORIZED OFFICER.
2. THE BRANCH MANAGER
BANK OF INDIA, THURAVOOR BRANCH, CHERTHALA
ALAPPUZHA DISTRICT-688532
3. STATE BANK OF INDIA
REGIONAL BUSINESS OFFICE,
BEACH ROAD, ALAPPUZHA-688 001
REPRESENTED BY ITS AUTHORIZED OFFICER
R1 & R2 BY ADV. SRI.JAWAHAR JOSE, SC, BANK OF INDIA
R3 BY ADV. SRI.R.S.KALKURA, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-03-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...2/-
WP(C).No. 6830 of 2014 (C)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXT. P1:- THE TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE BRANCH MANAGER, BANK OF INDIA,
THURAVOOR BRANCH DATED 22/3/2013.
EXT. P2:- THE TRUE COPY OF THE POSTAL RECEIPT EVIDENCING SENDING OF
EXHIBIT P1 COMPLAINT BY THE PETITIONER.
EXT. P3:- THE TRUE COPY OF THE NOTICE REF/KZO/ARD/BK/348 DATED
6/2/2014 ISSUED BY THE AUTHORIZED OFFICER, BANK OF INDIA,
COCHIN.
EXT. P4:- THE TRUE COPY OF THE LEGAL NOTICE DATED 2/8/2011 ISSUED BY
THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXT. P5:- THE TRUE COPY OF THE REPLY NOTICE ISSUED BY THE 3RD
RESPONDENT TO THE 2ND RESPONDENT.
EXT. P6:- THE TRUE COPY OF THE INTER-OFFICE MEMORANDUM DATED
29/8/2005 OF THE IST RESPONDENT, WHICH WAS PRODUCED BY
THEM IN OA 58/2012.
EXT. P7:- TRUE COPY OF THE PARTITION DEED BEARING NO.1591/2004 DATED
13/5/2004.
EXT. P8:- TRUE COPY OF THE NOTICE TAKING POSSESSION OF THE
PETITIONER'S PROPERTY BY THE 3RD RESPONDENT, WHICH WAS
PUBLISHED IN MATHRUBHUMI DAILY ON 23/7/2011.
EXT. P9:- THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PTITIONER
BEFORE THE BANKING OMBUDSMAN DATED 3/3/2014.
EXT. P10:- THE TRUE COPY OF THE POSTAL RECEIPT DATED 4/3/2013
EVIDENCING SENDING OF EXT. P9
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
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P.R. RAMACHANDRA MENON J.
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W.P.(C) No. 6830 of 2014
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Dated, this the 14th day of March, 2014
JUDGMENT
The petitioner has approached this Court with the following prayers :
"1. To issue a writ of certiorari or other appropriate writ or direction quashing Ext. P3 notice.
2. To issue appropriate writ or direction to the 1st and 2nd respondents to reschedule the secured assets by excluding the petitioner's property comprised in Sy. No. 235/15-3 of Kadakkarappally village having an extent of 20 cents.
3. To issue appropriate writ or directions to the 1st respondent to stop all further proceedings pursuant to Ext. P3 notice till Ext. P9 compliant is disposed by the Banking Ombudsman
4. Grant such other reliefs that this Honourable Court deems fit and proper.
2. Heard the learned standing counsel appearing for the first and second respondent Bank as well as the learned standing counsel appearing for the 3rd respondent.
3. In view of the disputed facts, this Court finds that this is not a fit case to invoke the discretionary jurisdiction available under Article 226 of the Constitution of India. Interference is declined and W.P.(C) No. 6830 of 2014 : 2 : the writ petition is dismissed, without prejudice to the rights and liberties of the petitioner to approach the Debt Recovery Tribunal. All the issues raised in the writ petition are left open.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd