IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WA.No. 1227 of 2009 ---------------------------- AGAINST JUDGMENT IN W.P.(C) NO.13263/2009 DATED 26.5.2009 APPELLANT/PETITIONER ------------------------------------ PONNAMMA,AGED 50 YEARS,W/O.RAJAPPAN, PUTHENPARAMBIL,PULINKUNNU,ALAPPUZHA,NOW RESIDING AT BHUVANESWARI GARDENS,KIDANGAZPARAMBU, ALAPPUZHA. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. STATE BANK OF INDIA,REPRESENTED BY ITS CHIEF MANAGER,REGIONAL BUSINESS OFFICE, ALAPPUZHA. 2. THE BRANCH MANAGER,STATE BANK OF INDIA, AGRICULTURAL DEVELOPMENT BRANCH,P.B.NO.4001, CULLAN ROAD,ALAPPUZHA. 3. P.R.RAJESH,S/O.RAJAPPAN,AGED 38 YEARS, BHUVANESWAZRI GARDENS,KIDANGANPARAMBU,ALAPPUZHA. 4. SMT.AZRCHANA RAJESH,AGED 33 YEARS, W/O.RAJESH,BHUVANESWARI GARDENS,KIDANGANPARAMBU, ALAPPUZHA. R1 & R2 BY STANDING COUNSEL SRI.K.K.CHANDRAN PILLAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No.1227 of 2009 ------------------------------------------ Dated, this the 16th day of June, 2009 JUDGMENT S.R.Bannurmath, C.J. This is a classic example of abuse of the process of the court. The petitioner/appellant along with her son and daughter in law, respondents 3 and 4, have borrowed large sums of money from the Banks by depositing title deeds of certain properties. On default of payment of the instalments and failure to discharge the loan, when the Bank took coercive steps by issuing notices, Exts.P1 and P2 dated 30.5.2007 and 6.10.2008 respectively, the same have been challenged before this Court in the impugned writ petition on various grounds. 2. Noticing the fact that respondents 3 and 4, the son and daughter in law of the appellant, are the real owners and their combined and concerted efforts to avert recovery proceedings by W.A.No.1227 of 2009 - 2 - approaching this Court, Debts Recovery Tribunal, Debts Recovery Appellate Tribunal, Consumer Disputes Redressal Forum and the civil court have failed, the learned Single Judge deem it fit not to interfere with the notices impugned, that too at the instance of a party who has no right or tittle. It was also to be noticed that in respect of the shady nature of the loan transaction, C.B.I. Enquiry is also going on and it is submitted that a charge sheet has also been filed. Apart from the abuse of the process of court, even bona fides of the petitioner inspite of granting sufficient opportunity is also fatal as noticed by the learned Single Judge and it is only the last moment effort of the appellant to avert the sale proceedings. It is brought to our notice that taking into consideration the humanitarian aspects, at the request of the counsel for the appellant, the learned Single Judge had granted three days time to vacate the premises and again abusing the same now we are informed that a suit has been filed through a tenant seeking injunction to stop the sale proceedings. All these aspects have W.A.No.1227 of 2009 - 3 - been noted by the learned Single Judge and we too find that this is a clear case of abuse of the process of law. Hence we dismiss the writ appeal with costs of Rs.25000/-. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns