Kerala High Court
S.Anilkumar vs The Trivandrum Co-Operative ... on 13 September, 2021
WP(C) No.18797/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Monday, the 13th day of September 2021 / 22nd Bhadra, 1943
WP(C) NO. 18797 OF 2021
PETITIONER:
S.ANILKUMAR, AGED 63 YEARS,
S/O.R.SANKARAN NAIR (LATE), T.C.23/923-3,
MAHESWARY, MUNDANADU ROAD, VALIYASALA,
CHALA, THIRUVANANTHAPURAM - 695 036.
RESPONDENTS:
1. THE TRIVANDRUM CO-OPERATIVE URBAN BANK LTD., P.B.NO.115, M.G.ROAD,
THIRUVANANTHAPURAM - 695 001.
2. THE BOARD OF DIRECTORS OF THE TRIVANDRUM CO-OPERATIVE URBAN BANK
LTD., P.B.NO.115, M.G.ROAD, THIRUVANANTHAPURAM - 695 001,
REPRESENTED BY ITS PRESIDENT.
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 issue an interim direction to the respondents to not to evict
the petitioner and his family from the property and building mentioned in
Exhibit P11, pending disposal of the above Writ Petiton (C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.JELSON J.EDAMPADAM & ABDUL SALIM V.M., Advocates for the petitioner,
and of SMT.NISHA GEORGE, STANDING COUNSEL for respondents, the court
passed the following:
WP(C) No.18797/2021 2/4
AMIT RAWAL, J.
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W.P.(C) No.18797 of 2021
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Dated this the 13th day of September, 2021
ORDER
Against the order in Ext.P10, Writ Petition bearing
No.4594 of 2021 has been preferred by the Bank, whereby
an interim order qua implementation of Ext.P10 has been
passed. The present Writ Petition has been filed by an
employee of the Bank, in whose favour an order of
Arbitration court was passed and modified by the Appellate
Tribunal.
2. Issue notice before admission. Adv.Smt.Nisha
George takes notice for the respondents.
3. The learned counsel for the petitioner pressed
for an interim stay by issuing a writ of mandamus or any
other appropriate writ, order or direction, commanding the
respondents to keep in abeyance all proceedings pursuant
to Ext.P11 Possession Notice issued by the Trivandrum,
Co-operative Urban Bank Ltd (Ext.P11). The petitioner
has remedy under Section 18 of the SARFAESI Act.
WP(C) No.18797/2021 3/4
W.P.(C) No.18797 of 2021
Therefore, the prayer for the interim relief is rejected.
Registry to post this Writ Petition along with
W.P(C) No.4594 of 2021 on 15.09.2021.
Sd/-
AMIT RAWAL, JUDGE.
dl/
13-09-2021 /True Copy/ Assistant Registrar
WP(C) No.18797/2021 4/4
APPENDIX OF WP(C) 18797/2021
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/11/2020 IN APPEAL
NO.155/2019.
Exhibit P11 TRUE COPY OF THE POSSESSION NOTICE DATED 22/02/2021,
ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
