Sunil.P vs M/S.State Bank Of India
2023 Latest Caselaw 9352 Ker

W. A. No. 1506 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
    FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                         WA NO. 1506 OF 2023
 AGAINST THE ORDER WP(C) 23138/2023 OF HIGH COURT OF KERALA
APPELLANT/S:

             SUNIL.P
             AGED 52 YEARS
             S/O. LATE RAMANKUTTY, THEKKEMADOM, AROOR.P.O.,
             CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688834
             BY ADVS.
             G.HARIHARAN
             PRAVEEN.H.
             K.S.SMITHA
             V.R.SANJEEV KUMAR
             BIJOY SAM GEORGE

RESPONDENT/S:
    1     M/S.STATE BANK OF INDIA,
          REPRESENTED BY ITS AUTHORISED OFFICER UNDER THE
          SARFAESI ACT (MANAGER). BEACH ROAD, CIVIL STATION
          WARD, ALAPPUZHA DISTRICT, PIN - 688012
     2       THE DEPUTY TAHSILDAR (RR)
             POLICE STATION ROAD NEAR MINI CIVIL STATION,
             TALUK OFFICE, CHERTHALA, PIN - 688522
     3       THE VILLAGE OFFICER
             AROOR VILLAGE OFFICE, NH ROAD AROOR, CHERTHALA
             TALUK, ALAPPUZHA DISTRICT, PIN - 688534
             BY ADVS. T. K. VIPINDAS, SR. GP.
             JAWAHAR JOSE
     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W. A. No. 1506 of 2023
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                          JUDGMENT

Dated this the 25th day of August, 2023

A. J. Desai, C. J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the original petitioner has

challenged the order dated 18.08.2023 in W. P. (C) No. 23138 of

2023 by which the learned Single Judge, while refusing to extend

the interim order dated 14.07.2023, directed the Registry to list the

writ petition along with R. P. No. 818 of 2022.

2. Learned Advocate appearing for the appellant would

submit that the learned Single Judge has refused to extend the

interim order dated 14.07.2023, without assigning any reason, and

therefore, requested to pass appropriate orders.

3. On the other hand, the learned Advocate for the Bank

would submit that if this Court accept the submission made by the

learned counsel for the appellant, the Bank may be permitted to

file an application for vacating the interim order before the learned

Single Judge.

W. A. No. 1506 of 2023

4. Having heard the learned Advocates for the respective

parties, we partly allow this writ appeal with the following

directions:-

The Registry is directed to list the captioned writ petition

along with R. P. No. 818 of 2022. The interim relief granted by

order dated 14.07.2023 shall continue. However, it would be open

for the Bank to file an application for vacating the interim order.

The learned Single Judge may decide such application, and pass

appropriate orders, without being influenced by any of these

orders.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE

Eb W. A. No. 1506 of 2023

APPENDIX OF WA 1506/2023

PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE MEMORANDUM OF REVIEW PETITION FILED AS R.P.818/2022 IN W.P. (C).NO.24630/2022 ON 21.08.2022 WITHOUT ANNEXURES