ING VYSYA BANK LTD. Vs. M.V. MATHEW

JUDGEMENT

(1.) In these Original Petitions filed under Article 227 of the Constitution of India, challenge is to Ext.P4, order dated 27.07.2009 (In O.P(C) No. 2234 of 2011), Ext.P2(a). judgment dated 04.03.2009 and Ext.P3, order dated 07.04.2009 respectively In O.P(C) No. 2241 of 2011 and Ext.P3, order dated 17.06.2009 In O.P(C) No. 2242 of 2011. The said Original Petitions concern O.S. No. 460 of 2006 of the First Additional Sub Court, Ernakulam, O.S. - No. 384 of 2008 of the Principal Sub Court, Ernakulam and O.S. No. 748 of 2008 of the First Additional Sub Court, Ernakulam, respectively. Those suits are for recovery of money due from the respondents-defendants on the strength of loan transactions. Exhibit PI In the Original Petitions- is the plaint In each case. Petitioner/plaintiff is the ING Vysya Bank Ltd, a Registered Banking Company having its Head Office at Bangalore and branch, among other places, at M.G. Road, Ravipuram, Ernakulam. Plaints referred to the loan transactions petitioner (i.e., the branch at Ravipuram, Ernakulam) had with the respondents and the liability of the latter to pay the amounts due to the former. It is averred in the plaints that cause of action for the suits arose within the jurisdiction of the court of learned Principal/Additional Sub Judge, Ernakulam (as the case may be) on the respective dates mentioned therein when the transactions referred therein took place. As against the said averments, respondents (defendants) in O.P(C) Nos. 2234 and 2241 of 2011 (O.S. Nos. 460 of 2006 and 384 of 2008) filed written statements contending that the court of learned Principal/Additional Sub judge, Ernakulam has no territorial jurisdiction to entertain the suits since the entire transactions took place at Kottavam. in O.P(C) No. 2242 of 2011 (arising from O.S. No. 748 of 2008) it is not disputed that respondents 1 to 3 did not file any written statement, in O.S. Nos. 460 of 2006 and 384 of 2008, based on the contentions in the written - statements, learned Principal/Additional Sub Judge framed issue regarding territorial jurisdiction. In O.S. No. 384 of 2008 learned Principal Sub Judge has passed judgment (Ext.P2[a]) on 04.03.2009 that having perused pleadings of the parties and documents relied on by petitioner, it is seen that material documents relied on by petitioner were executed at Kottayam, the mere sending of lawyer's notice from a place within the jurisdiction of Learned Principal Sub Judge or that accounts of the loan trans actions are maintained by petitioner at its branch at Ernakulam within the territorial limits of the said court will not confer jurisdiction. Learned Principal Sub Judge found that the said court has no jurisdiction to entertain the suit. As per Ext.P3, order dated 07.04.2009 on the application of petitioner, plaint was ordered to be presented in the Sub Court, Kottayam on 25.05.2009.

(2.) So far as O.S Nos. 460 of 2006 and 748 of 2008 are concerned though In the affidavits filed, by the petitioner before learned First Additional Sub Judge It is stated that learned Sub fudge has entered a finding regarding lack of jurisdiction, as the counsel on both sides submit, there was no order in writing to that effect. In O.S. No. 748 of 2008 defendants had not even filed written statement). In O.S. No. 460 of 2006 (O.P(C) No. 2234 of 2011), learned First Additional Sub Judge passed Ext.P4, order on the application of petitioner to present the plaint in the Sub Court, Kottayam on 08.09.2009. In O.S. No. 748 of 2008 (O.P(C) No. 2242 of 2011) Ext.P3, order dated 17.06.2009 is passed to present the plaint in the court having jurisdiction (since Petitioner / plaintiff did not specify the court in which plaint is to be re-presented).

(3.) Petitioner has filed these Original Petitions this Court on 12.07.2011 challenging the above said judgment/orders. By way of amendment {In O.P(C) Nos. 2241 and 2242 of 2011) there is also a challenge to the order that learned Principal Sub Judge/Additional Sub Judge has no jurisdiction to entertain the plaints.