Anilkumar Ayyappan vs The Authorised Officer/ Chief Manager

Kerala High Court

Anilkumar Ayyappan vs The Authorised Officer/ Chief Manager on 21 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

WP(C) No.17958/2024                     1/4                       Order Date : 21-05-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
              Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                              WP(C) NO. 17958 OF 2024
   PETITIONER:

          ANILKUMAR AYYAPPAN, AGED 38 YEARS, AMBILIKARAZHMA,
          OLIKETTIAMBALAM.P.O, MAVELIKKARA,PIN-690510

   RESPONDENTS:

      1. THE AUTHORISED OFFICER/ CHIEF MANAGER STATE BANK OF INDIA, RASMEC
         MAVELIKKARA, ALAPPUZHA,PIN-690101
      2. THE MANAGER, STATE BANK OF INDIA,KUTTITHERUVU BRANCH, KAYAMKULAM,
         PIN-690502

        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 stay all securitization proceeding in Exhibit P2 initiated by
   the respondents against the petitioner's property till disposal of writ
   petition.
        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
   SHRI. M.R.SARIN, Advocate for the petitioner, the court passed the
   following:
 WP(C) No.17958/2024                          2/4                               Order Date : 21-05-2024




                                      N.NAGARESH, J.
                            ------------------------------------------------
                                 W.P.(C) No.17958 of 2024
                          -------------------------------------------------
                          Dated this the 21st day of May, 2024


                                            ORDER

Standing Counsel vehemently opposed grant of any interim order and pointed out that the petitioner was granted opportunity to pay the overdue amount in instalments as per Ext.P1 judgment, which the petitioner has not complied with.

2. Counsel for the petitioner submits that the petitioner is ready to pay ₹6 lakhs on or before 31.05.2024.

3. In the circumstances, there will be an interim order directing the respondents to defer coercive proceedings against the petitioner till 31.05.2024 to enable the petitioner to remit ₹6 lakhs.

4. If the petitioner fails to pay ₹6 lakhs on or before 31.05.2024, then the petitioner shall voluntarily surrender the WP(C) No.17958/2024 3/4 Order Date : 21-05-2024 W.P.(C) No.17958 of 2024 2 possession of the secured asset to the Bank, failing which the Bank will be at liberty to enforce this order availing police assistance.

Post on 05.06.2024.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.17958/2024 4/4 Order Date : 21-05-2024 APPENDIX OF WP(C) 17958/2024 Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER SIJAKALA