Original Petition filed to set aside proceedings and reconvey property dismissed as withdrawn by the petitioner with liberty to seek other remedy.
Petition withdrawn; liberty granted to seek other appropriate remedy against proceedings below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 22ND DAY OF OCTOBER 2019 / 30TH ASWINA, 1941
OP(Crl.).No.346 OF 2019
AGAINST THE ORDER/JUDGMENT IN MC 297/2019 OF CHIEF JUDICIAL MAGISTRATE ,TRIVANDRUM/SPECIAL COURT FOR TRIAL OF CYBER CRIME
PETITIONER:
NIZARUDDIN
AGED 55 YEARS
SON OF ALIYAR KUNJU LABBA, ROSE BHAVAN, OPPOSITE GOVERNMENT L.P.S., PANGODE, THIRUVANANTHAPURAM.
BY ADV. SMT.K.P.SANTHI
RESPONDENTS:
M/S SKY HIGH EDUCATIONAL TECHNOLOGIES, ROOM NO.26/72, 2ND FLOOR, MARIKKAR BUILDING, STATUE, THIRUVANANTHAPURAM DISTRICT -695001 REPRESENTED BY ITS PARTNERS SHRI, VISHNU VINAY T.C.13/258 KVR 257, KANNANMOOLA, MULAVANA, MEDICAL COLLEGE, THIRUVANANTHAPURAM-695037
T.C.13/258 KVR 257, KANNANMOOLA, MULAVANA, MEDICAL COLLEGE, THIRUVANANTHAPURAM-695037
T.C.13/258 KVR 257, KANNANMOOLA, MULAVANA, MEDICAL COLLEGE, THIRUVANANTHAPURAM-695037
R1 BY ADV. SRI.MOHAN JACOB GEORGE R1 BY ADV. SMT.P.V.PARVATHY (P-41)
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OP(Crl.).No.346 OF 2019
R1 BY ADV. SMT.REENA THOMAS R1 BY ADV. SMT.NIGI GEORGE R5 BY ADV. SRI.A.ANTONY R5 BY ADV. SMT.LEELAMMA ANTONY BY ADV. SMT.K.P.SANTHI
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(Crl.).No.346 OF 2019
JUDGMENT
This Original Petition under Article 227 of the Constitution of
India is filed for setting aside the proceedings before the Chief Judicial Magistrate's Court, Thiruvananthapuram in M.C No.297/2019 under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and also to direct the Chief Judicial Magistrate to reconvey the property to the petitioner within a time limit to be fixed by this Court.
Sd/-
R. NARAYANA PISHARADI
JUDGE
rpk
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OP(Crl.).No.346 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE JUDGMENT O.S.NO.35/2010 OF THE SUBORDI JUDGE'S COURT, NEDUMANGAD |
IN NATE |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF O.A.NO.531/2011 FILED THE BANK BEFORE THE DEBT RECO TRIBUNAL, ERNAKULAM |
BY VERY |
| EXHIBIT P3 | TRUE COPY OF THE ORDER DATED 23.3. | 2012 |
| IN O.A.NO.531/2011 OF THE RECOVERY TRIBUNAL, ERNAKULAM |
DEBT | |
| EXHIBIT P4 | TRUE COPY OF THE PETITION NO.2765/2013 IN OA NO.513/2011. |
IA |
| EXHIBIT P5 | TRUE COPY OF THE COUNTER AFFIDA | VIT |
| DATED 18.11.2014 FILED BY | THE | |
| PETITIONER IN O.A.NO.531/2011 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM |
THE | |
| EXHIBIT P6 | TRUE COPY OF IA NO.734/2014 IN NO.531/2011 FILED BEFORE THE RECOVERY TRIBUNAL, ERNKULAM |
OA DEBT |
| EXHIBIT P7 | TRUE COPY OF THE AMENDED | OA |
| NO.531/2011 OF THE DEBT RECO TRIBUNAL, ERNAKULAM |
VERY | |
| EXHIBIT P8 | TRUE COPY OF IA NO.2265/2018 IN NO.531/2011 OF THE DEBT RECO TRIBUNAL , ERNAKULAM |
OA VERY |
| EXHIBIT P9 | TRUE COPY OF THE OBJECTION IN NO.2265/2018 IN OA NO.531/2011 OF DEBT RECOVERY TRIBUNAL. |
IA THE |
| EXHIBIT P10 | TRUE COPY OF MC NO.297/2019 FILED THE 1ST RESPONDENT |
BY |
| EXHIBIT P11 | TRUE COPY OF THE WARRANT ISSUED ADVOCATE COMMISSIONER MC.NO.297/2019 OF CJM, TRIVANDRUM |
TO IN |
| EXHIBIT P12 | TRUE COPY OF CMP NO.2739 OF 2010 FI BY THE 5TH RESPONDENT |
LED |
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EXHIBIT P13 TRUE COPY OF HE ORDER DATED 16.11.2010 IN CMP NO.2739/2010 OF THE CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM EXHIBIT P14 TRUE COPY OF THE ORDER 10.1.2011 IN CMP NO.2739/2010 EXHIBIT P15 TRUE COPY OF THE ORDER DATED 16.09.2017 IN IA NO.2766/2013 IN OA NO.533/2011 OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM
Nizaruddin
Edelweiss Asset Reconstruction Company Limited
Vishnu Vijay
Sky High Educational Technologies
V. Saraswathi Bai
Vijayamohan N.P
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
