The Csb Bank Ltd vs Cherian K Joseph
2024 Latest Caselaw 5939 Ker

Kerala High Court

The Csb Bank Ltd vs Cherian K Joseph on 23 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
         Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
                             WA NO. 255 OF 2024

    AGAINST JUDGMENT DATED 14.02.2024 IN WP(C) 26154/2023 OF THIS COURT

                                   ----

APPELLANT(S)/RESPONDENT NO.1-2:

  1. THE CSB BANK LTD. REPRESENTED BY ITS MANAGER, SASTRI ROAD,
     KOTTAYAM., PIN - 686001.
  2. THE AUTHORISED OFFICER, THE CSB BANK LTD., ASSET RECOVERY BRANCH,
     MARKET ROAD, ERNAKULAM, KOCHI., PIN - 682035.

BY ADVS. M/S. MADHU RADHAKRISHNAN, DEEPAK ASHOK KUMAR, M.D. JOSEPH
& NELSON JOSEPH

RESPONDENT(S)/PETITIONER/RESPONDENTS NO.3-4:

  1. CHERIAN K JOSEPH, AGED 79 YEARS, RESIDING AT KUNNEL HOUSE, NATTASERY
     KARA, PERUMPAIKKADU VILLAGE, SACRED HEART MOUNT P.O., KOTTAYAM., PIN
     - 686006.
  2. VENUGOPAL R., SON OF LATE RAMACHANDER REDDIAR, BALAJI KRIPALAYAM,
     TEMPLE ROAD, KOTTAYAM., PIN - 686001.
  3. THE CHIEF JUDICIAL MAGISTRATE, COLLECTORATE PO, KOTTAYAM, PIN -
     686002.

BY ADVS. M/S. ASHOK B.SHENOY, P.S.GIREESH,

ARJUN R. NAIK & THEJALAKSHMI R.S. FOR R1

GOVERNMENT PLEADER FOR R3

     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 the judgment dated 14/2/2024 passed in WPC No.26154/2023.
     This Writ Appeal coming on for admission along with connected case
on 23/02/2024, upon perusing the appeal memorandum, the Court on the same
day passed the following:
                                 A. J. Desai, C.J.
                                          &
                                 V.G. Arun, J.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                          W.A.Nos.255 & 267 of 2024
                    ---------------------------------------------
                  Dated this the 23rd day of February 2024

                                    ORDER

A.J. Desai, C.J.

Admit.

2. Adv.Ashok.B.Shenoy takes notice for the 1 st respondent. Issue

notice to the 2nd respondent. Learned Government Pleader takes notice

for the 3rd respondent.

3. Considering the fact that the present respondents have been

evicted from the property way back in July 2023, there shall be a stay

against the implementation and execution of the impugned judgment by

which the learned Single Judge has directed to handover possession of

the property to the respondents and further directed the Debts Recovery

Tribunal to consider the Securitisation Applications pending before it.

The parties are directed to maintain status quo. The possession of

the property shall not be transferred and no rights whatsoever shall be

created over the property.

Sd/-

A. J. Desai Chief Justice

Sd/-

V.G. Arun Judge dpk

23-02-2024 /True Copy/ Assistant Registrar