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Kerala High Court
Vincent A vs Muthoot Homefin (India) Ltd on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.17445/2024 1/3 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 17445 OF 2024
PETITIONERS:
1. VINCENT A., AGED 60 YEARS, S/O APPALLOSE, RESIDING AT NANDANAM,
POOVAKODU, GANDHIPURAM, SREEKARYAM P.O, THIRUVANANTHAPURAM-695017
NOW RESIDING AT SHALOM HOUSE, KUNNATHUMUKAL, PULIYANCODU,
AYIROOPPARA P.O, ULIYAZHATHURA VILLAGE,
IROOPARA,THIRUVANANTHAPURAM, PIN - 695584
2. SUCY VINCENT, AGED 53 YEARS, W/O VINCENT A, RESIDING AT NANDANAM,
POOVAKODU, GANDHIPURAM, SREEKARYAM P.O, THIRUVANANTHAPURAM- 695017,
NOW RESIDING AT SHALOM HOUSE, KUNNATHUMUKAL, PULIYANCODU,
AYIROOPPARA P.O, ULIYAZHATHURA VILLAGE, IROOPARA,
THIRUVANANTHAPURAM, PIN - 695584
RESPONDENT:
MUTHOOT HOMEFIN (INDIA) LTD REPRESENTED THROUGH ITS AUTHORISED
OFFICER, HAVING ITS REGISTERED OFFFICE AT 1201 & 1202, 12TH FLOOR,
"A" WING, LOTUS CORPORATE PARK, OFF WESTERN EXPRESS HIGHWAY,
GOREGAON(EAST), MUMBAI-400063. BRANCH AT MUTHOOT CHAMBERS, BANERJI
ROAD, KOCHI-18, PIN - 682018
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to grant an interim order staying all further proceedings
initiated against the property of the petitioners pursuant to Exhibit P3
notice, pending disposal of this writ petition(civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.GAYATHRI MURALEEDHARAN, SHIBU P.D., ARATHY P. & ANJANA S. RAJ,
Advocates for the petitioners, the court passed the following:
WP(C) No.17445/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No.17445 of 2024
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Dated this the 10th day of May, 2024
ORDER
Issue notice before admission to the respondent by speed post.
2. There will be a stay of all coercive proceedings pursuant to Ext.P3 for a period of two months, on condition the petitioners deposit an amount of Rs.5,00,000/- within a period of one month.
Post on 07.06.2024.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C) No.17445/2024 3/3 Order Date : 10-05-2024 APPENDIX OF WP(C) 17445/2024 Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 03-07-2023 IN WP(C) 12479 OF 2023 Exhibit P2 THE TRUE COPY OF THE 13(2)-NOTICE ISSUED BY THE RESPONDENT BANK DATED 27-10-2023 Exhibit P3 THE TRUE COPY OF THE POSSESSION NOTICE DATED 04-03-2024