Kerala High Court
M/S.Annam Steels (P) Ltd vs M/S.Canara Bank Ltd on 6 January, 2023
WA No.26/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 6th day of January 2023 / 16th Pousha, 1944
WA NO. 26 OF 2023
AGAINST JUDGMENT DATED 04/01/2023 IN WP(C) 24561/2022 OF THIS COURT
APPELLANTS/PETITIONERS IN THE WRIT PETITION:
1. M/S.ANNAM STEELS (P) LTD.,OFFICE AT 11/40E, FASHION TOWER, CHEROOTY
ROAD, KOZHIKODE, PIN - 673001. REPRESENTED BY ITS MANAGING DIRECTOR
E.T.FIROZ.
2. SRI.E.T.FIROZ, S/O.E.T.MUHAMMED BASHEER, SOUMYA, 2/1788A, FLORICAN
ROAD, KALATHI AVENUE, CIVIL STATION, MALAPPARAMBU,KOZHIKODE -
673030.
3. SRI.A.T.MUHAMMED ALI, S/O.AHAMMED A.T., NADUVILAKANDI KURACKAL
HOUSE, 12/61, KUTTIKKATTOR (P.O.), KOZHIKODE - 673008.
4. SRI.MUHAMMED FAVAS,S/O KUNHI MOIDEEN KUTTY, FLAT NO 12 B, SKYLINE
OCEANIC, OCEANIC, BEACH ROAD, KOZHIKODE, PIN - 673032.
5. SRI.ANEES ADAM K.M., S/O.T.MUNEER,KOYAPPATHODI VILLA, KRISHNAN NAIR
ROAD, MALIKADAVU, NEAR GOVT. ITI, KOZHIKODE - 673010.
6. SRI.SYED MUHAMMED THAYYIL,S/ O.THAYYIL KHADAR HAJI, THAYYIL HOUSE,
KATTACHIRA, B.P.ANGADI (P.O.), VENGALOOR, TIRUR, MALAPPURAM -
676102.
7. SHRI.V.ABDUL RAZZACK, S/O. MUHAMMED,BARIKODAN HOUSE,ERNAD,MALAPPURAM
- 673639.
8. SRI.ABDUL LATHEEF, RAFA PARK HOUSE, THALASSERY,KANNUR - 670101.
9. DR.T.AHAMMED THOTTIYIL, THOTTIYIL HOUSE,KOTTAKKAL.P.O,MALAPPURAM -
676503.
10. SRI.P.K.SIVADASA MENON,LAKSHMI KRIPA,NORTH PARUR,ERNAKULAM - 673032.
BY ADV.SRI. S.EASWARAN
RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:
1. M/S.CANARA BANK LTD.,CHEROOTY ROAD BRANCH, COURT ROAD, KOZHIKODE-
673001. REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER.
2. M/S PUNJAB NATIONAL BANK LTD.,EROTH CENTRE, BANK ROAD,
KOZHIKODE- 673001. REPRESENTED BY ITS CHIEF MANAGER.
1. IGNIVA PS PRIVATE LIMITED CALICUT TRADE CENTRE ,SAROVARAM BIO PARK ,
SAROVARAM, ERANHIPALAM, KOZHIKODE -673020. REPRESENTED BY ITS
MANAGING DIRECTOR (IMPLEADED AS PER ORDER DATED 24.8.2022 IN IA
3/2022)
WA No.26/2023 2/3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to sale conducted on 30-7-2022
pursuant to Exhibit P-11.
This Writ Appeal coming on for orders on 06/01/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
ORDER
Mr.S.Easwaran, learned counsel on record seeks permission to
recuse himself to appear in this writ appeal and seeks for a direction to
post the writ appeal on 09/01/2023, by which time he would make necessary
arrangements.
However, he submitted that the Bank is intending to take
physical possession of the subject property mortgaged.
We have gone through the impugned judgment, memorandum of
grounds and having regard to the submission made by the learned counsel on
record, we direct status quo to be maintained till 10/01/2023.
Post on 09/01/2023.
06/01/2023 Sd/-S.MANIKUMAR,CHIEF JUSTICE
Sd/-SHAJI P.CHALY,JUDGE
WA No.26/2023 3/3
EXT.P11:COPY OF THE SALE NOTICE DATED 14.6.2022
ISSUED BY THE 1ST RESPONDENT.
06-01-2023 /True Copy/ Assistant Registrar
