The Csb Represented By Its Authorized ... vs Shiju Mani
2024 Latest Caselaw 5989 Ker

Citation : 2024 Latest Caselaw 5989 Ker
Judgement Date : 23 February, 2024

Kerala High Court

The Csb Represented By Its Authorized ... vs Shiju Mani 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. 267 OF 2024

    AGAINST JUDGMENT DATED 14/02/2024 IN WP(C) 25857/2023 OF THIS COURT

APPELLANT(S)/RESPONDENT 1-3:

  1. THE CSB, REPRESENTED BY ITS AUTHORIZED OFFICER, REGISTERED OFFICE &
     HEAD OFFICE, CSB BHAVAN, POST BOX NO. 502, ST. MARY'S COLLEGE ROAD,
     THRISSUR, PIN - 680020.
  2. THE CSB (FORMERLY KNOWN AS CATHOLIC SYRIAN BANK), REPRESENTED BY ITS
     BRANCH MANAGER, BRANCH SASTRI ROAD, KOTTAYAM, PIN - 686001.
  3. THE CSB BANK, REPRESENTED BY ITS AUTHORIZED OFFICER, ASSET RECOVERY
     BRANCH, ERNAKULAM, ASSET RECOVERY BRANCH, MARKET ROAD, ERNAKULAM,
     PIN - 682011.

BY ADVS. M/S. MADHU RADHAKRISHNAN, DEEPAK ASHOK KUMAR,

 M.D. JOSEPH & NELSON JOSEPH

RESPONDENT(S)/PETITIONER/RESPONDENT NO.4-5:

  1. SHIJU MANI, AGED 50 YEARS, S/O. LATE KURIAN MANI, RESIDING AT
     PUTHENPARAMBIL HOUSE, PARK LANE, KOTTAYAM, PIN - 686001.
  2. VENUGOPAL R., S/O. RAMACHANDRA REDDIYAR, AGED ABOUT 61 YEARS,
     OFFICE/BUSINESS AYYAPPAS COMPLEX, AYYAPPAS BUILDING, K.K. ROAD,
     KOTTAYAM, RESIDING AT BALAJI KRIPALAYAM, TEMPLE ROAD, KOTTAYAM,
     KOTTAYAM DISTRICT, PIN - 686001.
  3. THE CHIEF JUDICIAL MAGISTRATE-KOTTAYAM, THE CHIEF JUDICIAL
     MAGISTRATE COURT, KOTTAYAM, PIN - 686001.

BY ADVS. M/S K.JAJU BABU, SENIOR AND LIJI J. VADAKEDOM - 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 impugned judgment dated 14/02/2024 passed in WPC
No.25857/2023.
     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 1st 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