2025:KER:28542 OP (DRT) No.200 OF 2023 & WPC No.13169 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP (DRT) NO. 200 OF 2023 PETITIONERS/APPELLANTS: 1 MSS HOSPITAL AND NURSING COLLEGE PRIVATE LIMITED, 8/432A, KAKKADA, PUTHALA, VENMONY, ALAPPUZHA, KERALA,REPRESENTED BY ITS MANAGING DIRECTOR, RAHEEM RAUTTHER., PIN - 689509 2 RAHIM RAUTTHER, AGED 58 YEARS, 16 C & D, LINK HERITAGE, CHITTOOR ROAD, KACHERIPPADY, ERNAKULAM, KERALA, PIN - 682018 BY ADVS. P.JAYA G.SREEKUMAR (CHELUR) RESPONDENT/S: 1 M/S SOUTH INDIAN BANK LTD., DOOR NO. 396/XVII, M C ROAD, PANDALAM, PATHANAMTHITTA, KERALA REPRESENTED BY ITS BRANCH MANAGER., PIN - 689501 2 THE AUTHORIZED OFFICER,SOUTH INDIAN BANK LTD., REGIONAL OFFICE, 2ND FLOOR TMJ COMPLEX, RAMANCHIRA, THIRUVALLA, KERALA, PIN – 689107 BY ADVS. SUNIL SHANKER VIDYA GANGADHARAN(K/000424/2020) JERIN GEORGE(K/863/2023) SRI.SUNIL SHANKER, SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH WP(C).13169/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28542 OP (DRT) No.200 OF 2023 & WPC No.13169 OF 2023 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13169 OF 2023 AGAINST THE ORDERIN MC NO.643 OF 2022 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE -II, ERNAKULAM PETITIONER/S: RAHEEM RAWTHER, S/O. MEERAN RAWTHER, AGED 58 YEARS, 16 C & D, LINK HERITAGE, CHITTOOR ROAD, KACHERIPPADY, ERNAKULAM, KERALA, PIN 682018, AADHAAR NO. 2126 0451 1585 PH. 9495444888., PIN - 682018 BY ADVS. C.S.BISSIMON SABU GEORGE . P.B.KRISHNAN(K/1193/1994) RESPONDENT/S: 1 M/S SOUTH INDIAN BANK LIMITED DOOR NO. 396/17, M.C. ROAD, PANTHALAM, PATHANAMTHITTA, KERALA, 689501 REPRESENTED BY ITS BRANCH MANAGER., PIN - 689501 2 AUTHORISED OFFICER,M/S SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE T.M.J COMPLEX RAMANCHIRA, THIRUVALLA, 689107, PIN - 689107 BY ADVS. SIJO GEORGE Sunil Shankar A VIDYA GANGADHARAN(K/000424/2020) SRI. SUNIL SHANKER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH OP (DRT).200/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28542 OP (DRT) No.200 OF 2023 & WPC No.13169 OF 2023 3 JUDGMENT [OP (DRT) Nos.200/2023 & WP(C) NO. 13169/2023] When these matters came up for consideration today, the learned counsel appearing for the respondent bank submits that the properties which are subject matter of the proceedings under Section 14 of the SARFAESI Act (out of which this Original petition and the writ petition arise) have been released on account of One Time Settlement arrived at with the borrowers. 2. Taking into consideration the above submission of the learned counsel appearing for the respondent bank, I am of the view that nothing further survives for consideration in these petitions. Accordingly, the Original Petition and the Writ petition are closed. The fact that the Original Petition and the Writ Petition have been closed will not prejudice the parties from contesting S.A. No.167 of 2022 pending before the Debts Recovery Tribunal-II, Ernakulam, to the extent any cause of action survives. Sd/- GOPINATH P. , JUDGE ajt 2025:KER:28542 OP (DRT) No.200 OF 2023 & WPC No.13169 OF 2023 4 APPENDIX OF OP (DRT) 200/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF POSSESSION NOTICE DATED 04/05/2023 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE ALAPPUZHA IN MC NO.653/2022 Exhibit-P2 TRUE COPY OF MEMORANDUM OF ORIGINAL PETITION (DRT) NO.530/2022 WITHOUT EXHIBITS IN THE FILES OF HON’BLE HIGH COURT Exhibit-P3 TRUE COPY OF ORDER DATED 30-12-2022 IN OP(DRT)NO.530/2022 Exhibit-P4 TRUE COPY OF JUDGEMENT 04-01-2023 IN OP(DRT)NO.530/2022 Exhibit-P5 TRUE COPY OF THE INTERIM ORDER DATED 20-12- 2022 IN IA NO.1960/2022 IN SA NO.167/2022 IN THE FILES OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM Exhibit-P6 TRUE COPY OF THE APPEAL, AIR NO.17/2023 FILED BY THE PETITIONERS BEFORE THE HON’BLE DEBT RECOVERY APPELLATE TRIBUNAL, AT CHENNAI Exhibit-P7 TRUE COPY OF IA IN STAY PETITION IA NO.179/2023 IN AIR NO.17/2023 BEFORE THE HON’BLE DEBT RECOVERY APPELLATE TRIBUNAL, AT CHENNAI Exhibit-P8 TRUE COPY OF INTERIM ORDER DATED 01-03-2023 IN OP(DRT) NO.91/2023 Exhibit-P9 THE SAID OP(DRT) NO.91/2023 CLOSED ON 03-04- 2023. TRUE COPY OF JUDGMENT DATED 03-04-2023 IN OP (DRT) NO.91/2023 Exhibit-P10 TRUE COPY OF NOTICE ISSUED BY THE IA NO.179/2023 IN AIR NO.17/2023 IN THE HON’BLE HON’BLE DEBT RECOVERY APPELLATE TRIBUNAL, AT CHENNAI DATED 04-05-2023 2025:KER:28542 OP (DRT) No.200 OF 2023 & WPC No.13169 OF 2023 5 Exhibit-P11 TRUE COPY OF POSSESSION NOTICE DATED 05-04- 2023 ISSUED BY THE ADVOCATE COMMISSIONER NOTICE IN MC NO.643/2022 Exhibit P12 TRUE COPY OF WP(C) NO.13169/2023 Exhibit P13 TRUE COPY OF LOAN SETTLEMENT LETTER DATED 28- 04-2023 Exhibit P14 TRUE COPY OF STAY PETITION BEARING DAIRY NO.1771/2023 IN S A NO.167/2022 IN THE FILES OF HON’BLE DEBT RECOVERY TRIBUNAL-2, ERNAKULAM Exhibit P15 TRUE COPY OF LETTER DATED 23-05-2023 ISSUED BY THE BANK Exhibit P16 TRUE COPY OF STATEMENT OF ACCOUNT PREPARED BY THE PETITIONER Exhibit P17 TRUE COPY OF SETTLEMENT LETTER DATED 01-06- 2023 SUBMITTED BEFORE THE BANK Exhibit P18 TRUE COPY OF LETTER ISSUED BY THE RESPONDENT BANK DATED 05-06-2023 Exhibit P19 TRUE COPY OF LETTER DATED 05-06-2023 SUBMITTED BY THE PETITIONER BEFORE THE BOARD COMMITTEE OF THE RESPONDENT BANK Exhibit P20 TRUE COPY OF LETTER DATED 05-06-2023 SUBMITTED BEFORE THE CHAIRMAN OF THE BOARD COMMITTEE OF THE RESPONDENT BANK ON 05-06- 2023 2025:KER:28542 OP (DRT) No.200 OF 2023 & WPC No.13169 OF 2023 6 APPENDIX OF WP(C) 13169/2023 PETITIONER EXHIBITS Exhibit P1 COPY OF HOUSING LOAN AGREEMENT DATED 21/01/2017 Exhibit P2 COPY OF LOAN CLOSING RECEIPT DATED 22/09/2021 Exhibit P3 COPY OF LETTER FOR RETURN OF TITLE DEED DATED 06/10/2021 Exhibit P4 COPY OF PETITION IN MC 643/2022 OF THE COURT OF SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE (MPS/MLA’S) Exhibit P5 COPY OF PLAINT IN CS 34/2023 FILED BEFORE THE COMERCIAL COURT, ERNAKULAM Exhibit P6 COPY OF NOTICE ISSUED BY ADVOCATE COMMISSIONER DATED 05/04/2023