Casa Furniture Pvt.Ltd vs Idbi Bank Ltd
2024 Latest Caselaw 5753 Ker

Kerala High Court

Casa Furniture Pvt.Ltd vs Idbi Bank Ltd on 20 February, 2024

Author: V.G.Arun

Bench: V.G.Arun

             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
    TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
                           WA NO. 196 OF 2024
 AGAINST THE JUDGMENT IN WP(C) 4196/2024 DATED 05.02.2024 OF HIGH
                            COURT OF KERALA
APPELLANT(S)/PETITIONER:

          CASA FURNITURE PVT.LTD
          REPRESENTED BY ITS MANAGING DIRECTOR, HAMZA, IV/168,
          CHAPPANANGADI, PONMALA AMSOM, CHAPPANANGADI DESOM,
          TIRUR, MALAPPURAM, PIN - 676503
          BY ADVS.
          SABU GEORGE
          MANU VYASAN PETER
          P.B.KRISHNAN
          P.B.SUBRAMANYAN


RESPONDENT(S)/RESPONDENTS:

    1     IDBI BANK LTD.
          KOTTAKKAL BRANCH, GAYATHRI TOWER, CHANKUVETTY,
          EDARIKKOD P.O, KLARI AMSOM, TIRUR, MALAPPURAM
          REPRESENTED BY ITS BRANCH MANAGER, PIN - 676501
    2     K.T.SAITHALAVI
          AGED 68 YEARS
          S/O KUNNATHODI KUNHIKOYA MASTER, KUNNATHODI HOUSE,
          ATTEERI, KOTTAKKAL P.O, PUTHOOR AMSOM, THIRURANGADI,
          MALAPPURAM, PIN - 676503
    3     AMBIKA SONY
          ADVOCATE, DISTRICT BAR ASSOCIATION, MANJERI,
          MALAPPURAM, PIN - 676121


          ADV.C.AJITH KUMAR FOR R1.


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 196 OF 2024
                                 -2-

                           JUDGMENT

A.J.DESAI, CJ.

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

High Court Act, 1958, the present appellant has challenged the

judgment dated 05.02.2024, passed by the learned Single Judge in

the captioned W.P.(C) No.4196/2024.

2. Learned Counsel appearing on behalf of the appellant

submits that the appellant will vacate the premises in question on or

before 10.03.2024.

Accordingly, the writ appeal is disposed of, permitting the

appellant to continue the possession up to 10.03.2024, subject to the

appellant filing an undertaking to that effect within a period of one

week from today.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE uu 20.02.2024 WA NO. 196 OF 2024

PETITIONER EXHIBITS English translation of English translation of Ext-P1 in the Ext-P1 in the Writ Writ Petition. Petition.

English translation of English translation of Ext-P2 in the Ext-P2 in the Writ Writ Petition. Petition.

English translation of English translation of Ext-P3 in the Ext-P3 in the Writ Writ Petition. Petition.