Dismissed

Alex Augustine v. the Authorised Officer

Kerala HC3 Apr 2024OP(C)/21/2024

Case brief

AI extract

What is this about?

This order declares an original petition infructuous as the respondent bank account has been settled and securitisation measures are no longer proceeding, thereby closing the original litigation without substantive adjudication of the underlying dispute.

What did the court decide?

The original petition is closed as the litigation has become infructuous due to settlement of the account.

Alex Augustine Vs the Authorised Officer — Banking and Recovery | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 3^RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946

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OP(C) NO. 21 OF 2024

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JUDGMENT DATED 18.12.2023 IN CMA NO.18 OF 2023 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, ORDER IN IA 1/2022 IN OS NO.213 OF 2022 OF MUNSIFF MAGISTRATE,

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ERATTUPETTA

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PETITIONERS/APPELLANTS 1 TO 4/PETITIONERS 1 TO 4/PLAINTIFFS

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1 TO 4:

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1 ALEX AUGUSTINE, AGED 41 YEARS S/O LATE AUGUSTINE JOSEPH, RESIDING AT ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT, PIN - 686651

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2 BINU AUGUSTINE, AGED 50 YEARS S/O LATE AUGUSTINE JOSEPH, RESIDING AT ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER ALEX AUGUSTINE (PETITIONER NO.1), PIN - 686651

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3 BIJU AUGUSTINE, AGED 45 YEARS S/O LATE AUGUSTINE JOSEPH, RESIDING AT ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER ALEX AUGUSTINE , (PETITIONER NO.1), PIN - 686651

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O.P.(C).No.21/2024

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-:2:-

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4 MINI AUGUSTINE, AGED 48 YEARS D/O LATE AUGUSTINE JOSEPH RESIDING AT ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT-686651 REPRESENTED BY POWER OF ATTORNEY HOLDER ALEX AUGUSTINE(PETITIONER NO.1), PIN - 686651

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BY ADVS.SABU GEORGE P.B.KRISHNAN P.B.SUBRAMANYAN MANU VYASAN PETER

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RESPONDENT/RESPONDENT & APPELLANT NO.5/RESPONDENT & PETITIONER NO.5/DEFENDANT & PLAINTIFF NO.5:

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1 THE AUTHORISED OFFICER SOUTH INDIAN BANK LTD, FIRST FLOOR REGENCY SQUARE, COLLECTORATE P.O, KOTTAYAM-, PIN - 686002

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2 CINI AUGUSTINE, AGED 43 YEARS D/O LATE AUGUSTINE JOSEPH RESIDING AT ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER ALEX AUGUSTINE AGED 41 YEARS, S/O LATE AUGUSTINE JOSEPH, RESIDING AT ELAMPASSERIL HOUSE, PRAVITHANAM P.O, BHARANGANAM VILLAGE, MEENACHILTALUK, KOTTAYAM DISTRICT., PIN - 686651

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BY ADVS.SUNIL SHANKER VIDYA GANGADHARAN GAYATHRI.M.M

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(C).No.21/2024

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J U D G M E N T

Dated this the 3^rd day of April, 2024

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It is submitted by the learned counsel for the 1^st respondent

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bank that the account has already been settled and the bank is

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not proceeding with the securitisation measures. Hence, the

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litigation has become infructuous. Accordingly, the original

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petition is closed.

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

O.P.(C).No.21/2024

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APPENDIX OF OP(C) 21/2024

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PETITIONER EXHIBITS

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Exhibit-P1 A TRUE COPY OF THE PLAINT DATED 29-112022 IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA

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Exhibit-P2 A TRUE COPY OF I.A NO.1 OF 2022 DATED 29-11-2022 IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA

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Exhibit-P3 A TRUE COPY OF THE REPORT DATED 05-012023 FILED BY ADVOCATE JAISONE.JOSE IN I.A NO.2 OF 2022 IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA

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Exhibit-P4 A TRUE COPY OF OBJECTION DATED 15-022023 FILED BY THE RESPONDENT IN I.A NO.1 OF 2022 IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA

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Exhibit-P5 A TRUE COPY OF THE WRITTEN STATEMENT DATED 15-02-2023 FILED BY THE RESPONDENT IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA

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Exhibit-P6 A TRUE COPY OF THE ORDER DATED 24-082023 IN I.A NO.1 OF 2022 IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA

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Exhibit-P7 A TRUE COPY OF CMA NO.18 OF 2023 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, PALA, DATED 11-09-2023

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O.P.(C).No.21/2024

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Exhibit-P8 A TRUE COPY OF THE COUNTER AFFIDAVIT IN CMA NO.18 OF 2023 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, PALA, DATED 09-10-2023 Exhibit-P9 A TRUE COPY OF THE JUDGMENT DATED 1812-2023 IN CMA NO.18 OF 2023 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, PALA,

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RESPONDENT EXHIBITS

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Exhibit R1(a) True copy of the memorandum of SA No. 398 of 2023 dated 31.07.2023 (without Annexures) Exhibit R1(b) True copy of the order dated 13.09.2023 in IA No. 2507 of 2023 in SA No. 398 of 2023

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PETITIONER EXHIBITS

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Exhibit P10 A TRUE COPY OF THE SANCTION/RENEWAL OF CREDIT FACILITY FROM THE SOUTH INDIAN BANK DATED 19-03-2019 WHICH WAS MARKED AS EXT-B1 IN I.A NO.1 OF 2022 IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA

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Exhibit P11 A TRUE COPY OF THE DEED OF DECLARATION FROM THE MORTGAGOR, DATED 29-03-2019, WHICH WAS MARKED AS EXT-B5 IN I.A NO.1 OF 2022 IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA

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O.P.(C).No.21/2024

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-:6:-

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Exhibit P12 A TRUE COPY OF THE DEED OF DECLARATION FROM THE MORTGAGOR, DATED 29-03-2019, WHICH WAS MARKED AS EXT-B6 IN I.A NO.1 OF 2022 IN O.S NO.213 OF 2022 ON THE FILE OF THE MUNSIFF'S COURT, ERATTUPETTA Exhibit P13 A TRUE COPY OF PART-A OF THE MEMORANDUM OF O.A NO.223 OF 2022 FILED BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM, DATED 15-03-2022 (WITHOUT THE ANNEXURES) Exhibit-P14 A true copy of the judgment of this Hon'ble Court in Crl.M.C No.9492 of 2023, dated 12-12-2023 Exhibit-P15 A true copy of the certificate from Krishi Bhavan, Bharananganam with regard to 0.26 Hectares of land in Sy.No.149/5 of Bharananganam Village, dated 14-06-2022, which was marked as Ext-A9 in I.A No.1 of 2022 in O.S No.213 of 2022 on the file of the Munsiff's Court, Erattupetta

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Exhibit-P16 A true copy of the certificate from Krishi Bhavan, Bharananganam with regard to 1.20 Hectares of land in Sy.No.149/6 of Bharananganam Village, dated 14-06-2022, which was marked as Ext-A9 in I.A No.1 of 2022 in O.S No.213 of 2022 on the file of the Munsiff's Court, Erattupetta

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Exhibit-P17 A true copy of the notice intimating about the Lok Adalath proposed to be conducted on 20-01-2024 by the Kerala State Legal Services Authority

Alex Augustine v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

Alex Augustine v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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