Mini Benny vs State Bank Of India
2023 Latest Caselaw 6946 Ker

WP(C) No.20405/2023                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE C.S.DIAS
              Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
                              WP(C) NO. 20405 OF 2023
           MC 34/2023 OF CHIEF JUDICIAL MAGISTRATE ,THODUPUZHA, IDUKKI
   PETITIONER:

          MINI BENNY, AGED 56 YEARS, W/O. LATE BENNY SEBASTIAN, MUNDAKKAL
          HOUSE, PANNIMATTOM P.O, THODUPUZHA, IDUKKI-685605

   RESPONDENTS:

      1. STATE BANK OF INDIA REPRESENTED BY THE AUTHORIZED OFFICER, 7TH
         FLOOR, VANKARATH BUILDING, PALARIVATTOM, ERNAKULAM-682024
      2. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI- 685603
      3. THE DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, VIKAS BHAVAN,
         THIRUVANANTHAPURAM-695033
      4. THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT PROJECT, MINI
         CIVIL STATION, THODUPUZHA- 685584


        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 proceedings of the 1st respondent under SARFEASI Act
   against the petitioner and other legal heirs of Benny Sebastian, including
   taking of physical possession of the properties covered by Ext-P2 and P3,
   pending final disposal of the writ petition, in the interest of justice


        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
   M/S. V.K.PEERMOHAMED KHAN, GIRISH KUMAR V.C & ASNA M.B., Advocates for the
   petitioner, the court passed the following:
 WP(C) No.20405/2023                       2/3



                                       C.S.DIAS, J.
                           ---------------------------------------
                             WP(C) No.20405 of 2023
                          -----------------------------------------
                       Dated this the 22nd day of June, 2023

                                        ORDER

Smt.Lakshmi takes notice for the 1st respondent. The

learned Government Pleader takes notice for the respondents

2 to 4.

2. The learned Government Pleader shall get specific

instructions as to the present stage of proceedings directed to

be competed as per Ext.P7 judgment. The 1 st respondent is

directed to defer further coercive proceedings, pursuant to

Exts.P2 and P3, till the date of next hearing. Post on

14.07.2023.

Notwithstanding the interim order, the petitioner would

be at liberty to approach the 1st respondent with a concrete

proposal, in view of Ext.P7 judgment, and arrive at a

settlement with the 1st respondent bank.

Sd/-

                                                        C.S.DIAS, JUDGE
        rkc/22.06.23
 WP(C) No.20405/2023                 3/3

                       APPENDIX OF WP(C) 20405/2023
Exhibit-P2            TRUE COPY OF THE PETITION IN M.C. NO. 34/2023 ON THE

FILE OF THE CJM COURT, THODUPUZHA Exhibit-P3 TRUE COPY OF THE ORDER DATED 16.01.2023 IN M.C 34/2023 OF THE CJM COURT, THODUPUZHA