Kerala High Court
The Csb Bank Ltd vs Cherian K Joseph on 14 August, 2023
W. A. Nos. 1439 & 1440 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WA NO. 1439 OF 2023
AGAINST THE ORDER WP(C) 26154/2023 OF HIGH COURT OF KERALA
APPELLANT/S:
1 THE CSB BANK LTD.
REPRESENTED BY ITS MANAGER, SASTRI ROAD,
KOTTAYAM., PIN - 686001
2 THE AUTHORISED OFFICER
THE CSB BANK LTD., ASSET RECOVERY BRANCH, MARKET
ROAD, ERNAKULAM, KOCHI., PIN - 682035
BY ADVS.
MADHU RADHAKRISHNAN
NELSON JOSEPH
M.D.JOSEPH
DEEPAK ASHOK KUMAR
RESPONDENT/S:
1 CHERIAN K JOSEPH
AGED 79 YEARS
S/O LATE K.J JOSEPH, RESIDING AT KUNNEL HOUSE,
NATTASERY KARA, PERUMPAIKKADU VILLAGE, SACRED
HEART MOUNT P.O., KOTTAYAM., PIN - 686006
2 VENUGOPAL. R.
SON OF LATE RAMACHANDER REDDIAR, BALAJI
KRIPALAYAM, TEMPLE ROAD, KOTTAYAM., PIN - 686001
3 THE CHIEF JUDICIAL MAGISTRATE
COLLECTORATE PO, KOTTAYAM., PIN - 686002
BY ADVS.
ASHOK SHENOY B
P.S.GIREESH
W. A. Nos. 1439 & 1440 of 2023
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ARJUN R NAIK
THEJA LAKSHMI R.S.
OTHER PRESENT:
SR.ADV.JAJU BABU FOR R1;
SR.GP. V.TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.08.2023, ALONG WITH WA.1440/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W. A. Nos. 1439 & 1440 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WA NO. 1440 OF 2023
AGAINST THE ORDER WP(C) 25857/2023 OF HIGH COURT OF KERALA
APPELLANT/S:
1 THE CSB REPRESENTED BY ITS AUTHORIZED OFFICER,
REGISTERED OFFICE & HEAD OFFICE, CSB BHAVAN, POST
BOX NO. 502, ST. MARY'S COLLEGE ROAD, THRISSUR,
PIN - 680020
2 THE CSB (FORMERLY KNOWN AS CATHOLIC SYRIAN BANK)
REPRESENTED BY ITS BRANCH MANAGER,
BRANCH SASTRI ROAD, KOTTAYAM, PIN - 686001
3 THE CSB BANK, REPRESENTED BY ITS AUTHORIZED
OFFICER,
ASSET RECOVERY BRANCH, ERNAKULAM, ASSET RECOVERY
BRANCH, MARKET ROAD, ERNAKULAM, PIN - 682011
BY ADVS.
MADHU RADHAKRISHNAN
NELSON JOSEPH
M.D.JOSEPH
DEEPAK ASHOK KUMAR
RESPONDENT/S:
1 SHIJU MANI,
AGED 50 YEARS
S/O LATE KURIAN MANI, RESIDING AT PUTHENPARAMBIL
HOUSE, PARK LANE, KOTTAYAM, PIN - 686001
2 VENUGOPAL R,
S/O RAMACHANDRA REDDIYAR, AGED ABOUT 61 YEARS,
OFFICE/BUSINESS AYYAPPAS COMPLEX, AYYAPPAS
W. A. Nos. 1439 & 1440 of 2023
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BUILDING, K. K. ROAD, KOTTAYAM, RESIDING AT
BALAJI KRIPALAYAM, TEMPLE ROAD, KOTTAYAM,
KOTTAYAM DISTRICT, PIN - 686001
3 THE CHIEF JUDICIAL MAGISTRATE-KOTTAYAM,
THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM,
PIN - 686001
OTHER PRESENT:
SR.GP. T.K.VIPINDAS
LIJI J. VADAKEDOM
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.08.2023, ALONG WITH WA.1439/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W. A. Nos. 1439 & 1440 of 2023
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JUDGMENT
Dated this the 14th day of August, 2023
A. J. Desai, C. J.
By way of the present appeals filed under Section 5 of the
Kerala High Court Act, 1958, the present appellants / respondent
Bank in the writ petitions have challenged the orders dated
10.08.2023 in W. P. (C) Nos. 25857 and 26154 of 2023 passed by
the learned Single Judge.
2. Learned Advocate for the appellants would submit that
while admitting the writ petitions, the learned Single Judge has
granted the interim relief directing the present appellants to restore
the possession of the property in question, even before permitting
the appellants to file its counter affidavit. It is the case of the
learned Advocate for the appellants that the interim relief granted
is as good as allowing the writ petitions at the admission stage
itself and the learned Single Judge ought to have given the
appellants the opportunity to put their case on record by producing
W. A. Nos. 1439 & 1440 of 2023
relevant documents along with the counter affidavit. He therefore
would submit that as far as the interim orders are concerned, the
same may be modified.
3. On the other hand, the learned Advocates appearing for
the original petitioners have opposed these appeals. However, they
would submit that the learned Single Judge be requested to
consider the case as far as granting of interim relief is concerned.
4. We have heard the learned Advocates for the respective
parties.
5. It is an undisputed fact that when the writ petitions were
listed for the first time, copy of the petitions along with all
exhibits were not handed over to the learned Advocate for the
appellant Bank. Subsequent thereto, after serving the copy of the
petitions with all exhibits, on the 1st day of hearing itself, the
interim relief was granted.
6. We are of the considered opinion that the learned Single
Judge could have granted some time to the present appellant Bank
W. A. Nos. 1439 & 1440 of 2023
to file its counter affidavit and to produce relevant documents.
Hence, we allow these appeals and set aside the interim
orders dated 10.08.2023, directing the appellant Bank to restore
possession of the property in question. The appellant Bank shall
file counter affidavit in the writ petitions within a period of one
week from today and reply to the counter affidavit shall be filed
immediately thereafter. The learned Single Judge is hereby
requested to deal with the prayer for interim relief made in the writ
petitions, in accordance with law, including any legal contentions
raised by the Advocate for the appellants, as early as possible,
within a period of two weeks from today.
Sd/-
A. J. DESAI
CHIEF JUSTICE
Sd/-
V. G. ARUN
JUDGE
Eb
