Dismissed

R.P.Ravindran v. Catholic Syrian Bank

Kerala HC17 Oct 2013WP(C)/7825/2013

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition where the petitioner sought directions against Secure Bank proceedings. The Court held that the tribunal had territorial jurisdiction over the loan transaction situated in Tamil Nadu and could not interdict the proceedings, noting the petitioner's liability to approach the appropriate forum.

What did the court decide?

Writ petition disposed of without prejudice to the right of the petitioner to move the appropriate forum. No stay or direction granted.

R.P.Ravindran Vs Catholic Syrian Bank — Banking and Recovery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THURSDAY, THE 17TH DAY OF OCTOBER 2013/25TH ASWINA, 1935

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WP(C).No. 7825 of 2013 (C)

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PETITIONER(S):

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R.P.RAVINDRAN,AGED 52 YEARS PARTNER, RPR FABRICS, 58/1 P.S.S. NAGAR, LAXMINAGAR, TIRUPUR-2.

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BY ADVS.SRI.MATHEWS J.NEDUMPARA SMT.LIZA P.CHERIAN

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RESPONDENT(S):

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1. CATHOLIC SYRIAN BANK LTD. REPRESENTED BY ITS MANAGING DIRECTOR, CSB BHAVAN B NO. 502, ST. MARY'S COLLEGE ROAD THRISSUR-680020 KERALA, INDIA.

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2. SRI NEWIN THOMAS, AUTHORIZED OFFICER, THE CATHOLIC SYRIAN BANK LTD, AVINASH BRANCH TAMIL NADU, (IN HIS PERSONAL CAPACITY) PIN-600084.

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3. SRI. HAMLET.C. PAUL, BRANCH MANAGER THE CATHOLIC SYRIAN BANK LTD. AVINASH BRANCH TAMIL NADU, (IN HIS PERSONAL CAPACITY) PIN-600084.

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4. SRI. BABU

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ADVOCATE COMMISSIONER TIRUPUR, T.N.-600084.

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5. THE CHIEF JUDICIAL MAGISTRATE, . TIRUPUR-600084

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6. THE SUB-INSPECTOR OF POLICE NORTH POLICE STATION, TIRUPUR-60084.

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7. THE GOVERNOR, RESERVE BANK OF INDIA, CENTRAL OFFICE BUILDING SHAHID BHAGAT SINGH ROAD, MUMBAI-400001.

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8. THE SECRETARY DEPARTMENT OF FINANCIAL SERVICES (BANKING), JEEVAN DEEP BUILDING, PARLIAMENT STREET NEW DELHI-110001.

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RR-R8 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2 BY ADV. SRI.C.A.JOY R BY SRI.B.S.KRISHNAN SC C.S.BANK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-102013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7825 of 2013 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT.P1 COPY OF NOTICE DATED 11TH APRIL 2012 ISSUED BY THE 1ST RESPONDENT BANK UNDER SECTION 13(2) OF THE SARFAESI ACT. EXHIBIT.P2 COPY OF NOTICE SECTION 13(4) OF THE SARFAESI ACT PUBLISHED IN INDIAN EXPRESS DATED 9-7-2012 EXHIBIT.P3 COPY OF ORDER DATED 13TH AUGUST, 2012 PASSED BY DRT. EXHIBIT.P4 COPY OF APPLICATION FILED BY THE PETITIONER SEEKING A DIRECTION TO MAINTAIN STATUS QUO AS ALSO TO ISSUE A NOTICE TO THE RESPONDENTS TO SHOW CAUSE AS TO WHY PROCEEDINGS UDNER THE CONTEMPT OF COURTS ACT, 1971, OUGHT NOT TOBE ISSUED AGAINST THEM.

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RESPONDENT(S)' EXHIBITS

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ANNEXURE R2A COPY OF THE ORDER OF THE DEBT RECOVERY TRIBUNAL , ERNAKULAM IN SA (ID NO.8204/2012) DATED 26-4-2013 ANNEXURE R2B COPY OF THE ORDER OF THE HIGH COURT OF JUDICATURE AT MADRAS DATED 19-4-2013 IN W.P. NO.7879/2013

TRUE COPY

P.A TO JUDGE

SMM

V.CHITAMBARESH,J.

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= = = = = = = = = = = W.P.(C) No.7825 of 2013

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= = = = = = = = = = = == = = = =

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Dated this the 17^th day of October, 2013

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The loan transaction of the petitioner was with the Avinashi Branch of the bank at Tamil Nadu. The property offered as security interest is also situate in Tirupur district of Tamil Nadu. The Debts Recovery Tribunal, Ernakulam has rightly found by Annexure R2A order that the petitioner has to approach the Tribunal having territorial jurisdiction.

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Added to this is the fact that the tenant of the petitioner moved the High Court of Chennai in a writ petition. Annexure R2B order evidences the withdrawal of the writ petition with liberty to move to the Debts Recovery Tribunal. Neither the Debts Recovery Tribunal, Ernakulam nor this Court has jurisdiction to interdict the proceedings.

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The writ petition is disposed of without prejudice to the right of the petitioner to move appropriate forum.

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V.CHITAMBARESH JUDGE

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smm

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R.P.Ravindran v. Catholic Syrian Bank

Case brief

What is this about?

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R.P.Ravindran v. Catholic Syrian Bank

Case brief

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