The Single Judge granted the petitioners' request to voluntarily withdraw four connected writ petitions challenging actions of a loan company and the RBI, dismissing them as withdrawn.
Permission granted to withdraw the writ petitions; writ petitions dismissed as withdrawn.
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 V.G.ARUN
WEDNESDAY, THE 12TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944
WP(C) NO. 29674 OF 2021
PETITIONER/S:
SWARNAPPAN C. AGED 60 YEARS S/O.CHELLAPPAN, T.C.55-1636, STEPHY NIVAS, AMBANADU, KAIMANOM P.O., PAPPANAMCODE, THIRUVANANTHAPURAM, KERALA - 695 040. BY ADVS. V.MAHENDRANATH P.T.SHEEJISH
RESPONDENTS:
1 YOGAKSHEMAM LOANS LTD. KAIMANOM BRANCH, REPRESENTED IT'S BRANCH MANAGER, KAIMANOM P.O., PAPPANAMCODE, THIRUVANANTHAPURAM, KERALA - 695 040. 2 THE CHIEF GENERAL MANAGER DEPARTMENT OF SUPERVISION, BOARD FOR FINANCIAL SUPERVISION, RESERVE BANK OF INDIA, CENTRE I, WORLD TRADE CENTRE, MUMBAI - 400 005. BY ADVS. NIDHI JACOB SUKUMAR NAINAN OOMMEN(K/5/2009) SHERRY SAMUEL OOMMEN(K/1143/2012) NITISH SATHESH SHENOY(K/001663/2019)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2022, ALONG WITH WP(C).1079/2022, 1090/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).29674/2021 & con.cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 12TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944
WP(C) NO. 1079 OF 2022
PETITIONER:
SANDRA.S.S, AGED 20 YEARS D/O.SWARNAPPAN, T.C.55-1636, STEPHY NIVAS, AMBANADU, KALMANOM.P.O,PAPPANAMCODE, THIRUVANANTHAPURAM, KERALA 695 040, PIN - 695040
BY ADVS. V.MAHENDRANATH P.T.SHEEJISH ASHA VARGHESE
RESPONDENTS:
1 YOGAKSHEMAM LOANS LTD KALMANOM BRANCH, REPRESENTED BY ITS BRANCH MANAGER, KALMANOM.P.O, PAPPANAMCODE, THIRUVANANTHAPURAM, KERALA 695 040., PIN - 695040
2 THE CHIEF GENERAL MANAGER, DEPARTMENT OF SUPERVISION, BOARD FOR FINANCIAL SUPERVISION, RESERVE BANK OF INDIA, CENTRE.1, WORLD TRADE CENTRE, MUMBAI- 400 005.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2022, ALONG WITH WP(C).29674/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).29674/2021 & con.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 12TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944 WP(C) NO. 1090 OF 2022
PETITIONER:
STEPHY S.S. AGED 26 YEARS D/O.SWARNAPPAN, T.C.55-1636, STEPHY NIVAS, AMBANADU, KAIMANOM P.O., PAPPANAMCODE, THIRUVANANTHAPURAM KERALA - 695 040.
BY ADVS. V.MAHENDRANATH P.T.SHEEJISH
RESPONDENTS:
1 YOGAKSHEMAM LOANS LT.D KAIMANON BRANCH, REPRESENTED BY IT'S BRANCH MANAGER, KAIMANON P.O., PAPPANAMCODE, THIRUVANANTHAPURAM, KEERALA - 695 040.
2 THE CHIEF GENERAL MANAGER DEPARTMENT OF SUPERVISION, BOARD FOR FINANCIAL SUPERVISION, RESERVE BANK OF INDIA, CENTRE I, WORLD TRADE CENTRE, MUMBAI - 400 005.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2022, ALONG WITH WP(C).29674/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).29674/2021 & con.cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 12TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944 WP(C) NO. 1114 OF 2022
PETITIONER:
SUNIL S.S.
AGED 24 YEARS D/O.SWARNAPPAN, TC.55-1636, STEPHY NIVAS, AMBANADU, KAIMANOM P.O., PAPPANAMCODE, THIRUVANANTHAPURAM, KERALA - 695 040.
BY ADVS. V.MAHENDRANATH P.T.SHEEJISH
RESPONDENT/S:
1 YOGAKSHEMAM LOANS LTD. KAIMANON BRANCH, REPRESENTED BY IT'S BRANCHMANAGER, KAIMANON P.O., PAPPANAMCODE, THIRUVANANTHAPURAM,KERALA - 695 040.
2 THE CHIEF GENERAL MANAGER DEPARTMENT OF SUPERVISION, BOARD FOR FINANCIAL SUPERVISION, RESERVE BANK OF INDIA, CENTRE I, WORLD TRADE CENTRE, MUMBAI - 40 005.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2022, ALONG WITH WP(C).29674/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).29674/2021 & con.cases
5
JUDGMENT
[WP(C) Nos.29674/2021, 1079/2022, 1090/2022, 1114/2022]
Dated this the 12th day of October, 2022
Learned counsel for the petitioners seeks permission to withdraw the writ petitions. Permission granted and the writ petitions are dismissed as withdrawn.
Sd/-
V.G.ARUN
JUDGE
sb
WP(C).29674/2021 & con.cases
6
APPENDIX OF WP(C) 1079/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PLEDGE LETTER DATED 2708-2020 FOR RS. 2,86,800/- ISSUED BY THE 1ST RESPONDENT. Exhibit P2 THE TRUE COPY OF THE PLEDGE LETTER DATED 2708-2020 FOR RS. 1,62,300/- ISSUED BY THE 1ST RESPONDENT.
WP(C).29674/2021 & con.cases
7
APPENDIX OF WP(C) 1090/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PLEDGE LETTER DATED 27/08/2020 ISSUED BY THE RESPONDENT.
WP(C).29674/2021 & con.cases
8
APPENDIX OF WP(C) 1114/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PLEDGE LETTER DATED 22/08/2020 FOR RS.604500/- ISSUED BY THE 1ST RESPONDENT. Exhibit P2 THE TRUE COPY OF THE PLEDGE LETTER DATED 22/08/2020 FOR RS.197700/- ISSUED BY THE 1ST RESPONDENT.
WP(C).29674/2021 & con.cases
9
APPENDIX OF WP(C) 29674/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PLEDGE LETTER DATED 27/08/2020 ISSUED BY THE 1ST RESPONDENT.
Swarnappan C.
Sandra S.S.
Stephy S.S.
Sunil S.S.
Yogakshemam Loans Ltd.
Chief General Manager, Department of Supervision, Board for Financial Supervision, Reserve Bank of India
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
