Mrs. Reeja Cheriyan vs Indian Bank
2024 Latest Caselaw 5138 Ker

Kerala High Court

Mrs. Reeja Cheriyan vs Indian Bank on 15 February, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

WP(C) No.5129/2024                        1/3                        Order Date : 15-02-2024

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                         THE HONOURABLE MR.JUSTICE N.NAGARESH
               Thursday, the 15th day of February 2024 / 26th Magha, 1945

                                WP(C) NO. 5129 OF 2024

   PETITIONER:

          MRS. REEJA CHERIYAN, AGED 34 YEARS, W/O. ANEESHMON C.R., KATTIL
          PARAMBIL VADAKKETHIL PULIYOOR P.O., CHENGANNUR, ALA VILLAGE,
          ALAPPUZHA, PIN- 689126

   RESPONDENT:

      1. INDIAN BANK CHENGANNUR BRANCH, ENGINEERING COLLEGE ROAD, CHENGANNUR,
         ALAPPUZHA DISTRICT, P.B.NO.7, REPRESENTED BY ITS MANAGER., PIN-
         689121
      2. AUTHORISED OFFICER INDIAN BANK, CHENGANNUR BRANCH, ENGINEERING
         COLLEGE ROAD, CHENGANNUR, P.B.NO.7, ALAPPUZHA DISTRICT, PIN- 689121

        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 in furtherance of Ext.P6 pending disposal
   of the writ petition.
        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. LIJU.V.STEPHEN, INDU SUSAN JACOB & P.M.HRIDYA, Advocates for the
   petitioner, the court passed the following:
 WP(C) No.5129/2024                            2/3                              Order Date : 15-02-2024




                                     N. NAGARESH, J.
                                     ----------------------------
                                  W.P. (C) No.5129 of 2024
                          --------------------------------------------------
                          Dated this the 15th day of February, 2024

                                           ORDER

Standing Counsel opposes grant of any interim order

to the petitioner contending that as per Ext.P3 judgment this

Court has already exercised its jurisdiction. The overdue amount

payable by the petitioner as on date is approximately

Rs.3,20,000/- and the total outstanding amount payable by the

petitioner is Rs.17,12,605/-.

2. In the facts of the case, there will be an interim order

directing that if the petitioner remits 50% of the overdue amount

payable by the petitioner on or before 29.02.2024 and balance

overdue amount along with accruing interest on or before

30.03.2024, coercive proceedings against the petitioner pursuant

to Ext.P6 shall stand deferred for the time being. The petitioner

shall also pay the current EMI.

Post on 04.03.2024.

Sd/-

N. NAGARESH JUDGE AMR WP(C) No.5129/2024 3/3 Order Date : 15-02-2024

APPENDIX OF WP(C) 5129/2024 Exhibit P6 TRUE COPY OF THE NOTICE DATED 16-01-2024 ISSUED BY THE ADVOCATE COMMISSIONER IN COMPLIANCE OF THE ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA IN