The Kerala High Court held that the petitioner's remedy lies in the Debt Recovery Tribunal. The writ petition was dismissed without prejudice to the petitioner's right to approach the DR Tribunal.
Writ petition dismissed without prejudice to the petitioner's right to move the Debt Recovery Tribunal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945
WP(C) NO. 1937 OF 2023
PETITIONER:
DHANESH MURALEEDHARAN
AGED 38 YEARS
S/O MUERALEEDHARAN PUTHEPURAYIL HOUSE,
VARIKKAMKUNNU,VADAKARA KOTTAYAM, PIN - 686605
BY ADV V.VISAL AJAYAN
RESPONDENT:
FEDERAL BANK
KOTTAYAM BRANCH,
THEKKUMMEL BUILDING, NEAR ANASWARA THEATER,
KOTTAYAM DISTRICT, PIN - 686001
REPRESENTED BY IT'S MANAGER
BY ADVS.
MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)(K/000036/1991)
REENA THOMAS(R-364)
NIGI GEORGE(K/1169/2012)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.1937 of 2023
2
T.R. RAVI, J.
------------------------------------
W.P.(C.) No.1937 of 2023
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Dated this the 10th day of April, 2023
JUDGMENT
When the case is taken up today, it is submitted by the counsel for the petitioner that the property has already been taken possession of.
The remedy of the petitioner is to move the Debt Recovery Tribunal for reliefs. The writ petition is dismissed without prejudice to the right of the petitioner to move the Debt Recovery Tribunal.
Sd/-
T.R.RAVI
JUDGE
SKP/10-04
WPC No.1937 of 2023
3
APPENDIX OF WP(C) 1937/2023
PETITIONER’S EXHIBITS:
EXHIBIT1TRUE COPY NOTICE ISSUED BY THE ADVOCATE
COMMISSIONER IN DATED 12.01.2023
RESPONDENT’S EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
2 issues framed by the court
Whether the writ petitioner can be granted relief in a writ petition when the effective remedy lies in the Debt Recovery Tribunal.
Whether the writ petition should be dismissed without exercising the right to move the Debt Recovery Tribunal.
DHANESH MURALEEDHARAN
FEDERAL BANK
T.R. Ravi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court