Satheesh Kumar T vs The South Indian Bank Ltd
2024 Latest Caselaw 23236 Ker

Kerala High Court

Satheesh Kumar T vs The South Indian Bank Ltd on 2 August, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WA NO. 1116 OF 2024
                                       1

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
     THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
                                       &
                      THE HONOURABLE MR. JUSTICE S.MANU
            FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
                             WA NO. 1116 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.1219 OF 2024 OF HIGH COURT
OF KERALA
APPELLANT/S:

              SATHEESH KUMAR T
              AGED 53 YEARS
              S/O THANKAPPAN NAIR, TC 52/898, VAISAKH, THAMPURAN NAGAR,
              STUDIO ROAD, INDUSTRIAL ESTATE P.O, THIRUVAANTHAPURAM., PIN
              - 695019

              BY ADVS.
              VISHNU BHUVANENDRAN
              ABHILASH C.V.
              B.ANUSREE
              DEVAKUMAR R.T.
              GAURIKALYANI S.
              MIRAL K.JOY
              VARUN JACOB



RESPONDENT/S:

              THE SOUTH INDIAN BANK LTD.
              TC 31/151, YWCA BUILDINGS, 3RD FLOOR, M.G ROAD, STATUE
              JUNCTION, GPO, THIRUVANANTHAPURAM. REPRESENTED BY ITS
              AUTHORIZED OFFICER., PIN - 695001

              SRI.SUNIL SHANKER (SC)


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.08.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1116 OF 2024
                                    2




                               JUDGMENT

Dated this the 2nd day of August 2024

A.Muhamed Mustaque, Acg.C.J.

This appeal is preferred by the writ petitioner, who challenged

the SARFAESI proceedings and approached this Court. There was

an interim order deferring coercive proceedings on the condition

that Rs.10 lakhs be paid within a period of two weeks. It was not

paid by the appellant. Noting that the interim order has not been

complied, the writ petition is dismissed.

2. We also find absolutely no reason to interfere in this

matter. However, taking note of the request made by the learned

Counsel for the appellant, we grant two weeks time from today to

settle the entire liability with the bank. Coercive proceedings shall

be deferred for a period of two weeks. However, we make it clear WA NO. 1116 OF 2024

that if the appellant fails to settle the liability towards the bank,

the bank is free to proceed against the appellant.

The writ appeal is disposed of.

sd/

A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE sd/

S.MANU JUDGE jm/