G.Murukesan vs State Bank Of India
2024 Latest Caselaw 6059 Ker

Kerala High Court

G.Murukesan vs State Bank Of India on 23 February, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         Friday, the 23rd day of February 2024 / 4th Phalguna, 1945

                  IA.NO.1/2024 IN WP(C) NO. 40998 OF 2023

APPLICANT/PETITIONER:

     G. MURUKESAN, AGED 56 YEARS, S/O. GOPALAN ACHARI, MURUKA NIVAS,
     KURAMPALA MURI, KURAMPALA VILLAGE, ADOOR TALUK, KURAMPALA P.O.,
     PATHANAMTHITTA DISTRICT, PIN-689501.

RESPONDENTS/RESPONDENTS:

  1. STATE BANK OF INDIA REGIONAL BUSINESS OFFICE, RAVI'S ARCADE, NEAR
     IRON BRIDGE, KOLLAM, REPRESENTED BY AUTHORIZED OFFICER (CHIEF
     MANAGER), PIN-691013.
  2. THE AUTHORISED OFFICER (CHIEF MANAGER), STATE BANK OF INDIA,
     REGIONAL BUSINESS OFFICE, RAVI'S ARCADE, NEAR IRON BRIDGE, KOLLAM,
     PIN-691013.
  3. JOHNSON V.S., AGED 28 YEARS, APARTMENT NO. 4B, SWAPNIL ENCLAVE,
     ERNAKULAM, PIN-682035.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant time to the
petitioner upto 07-03-2024 to vacate the premises.


     This Application again coming on for orders upon perusing the
application and the affidavit filed in support thereof and this Court's
Final Order dated 16/01/2024 and upon hearing the arguments of M/S. S.
VINOD BHAT, ANAGHA LAKSHMY RAMAN, GREESHMA CHANDRIKA R. & V. NAMITHA,
Advocates for the petitioner and of M/S. NAGARAJ NARAYANAN, SAIJO HASSAN,
BENOJ C. AUGUSTIN, RAFEEK V.K., U.M. HASSAN & DEVI R. SENS, Advocates for
R1 & R2, the court passed the following:
                         N. NAGARESH, J.
               --------------------------------------------
                          I.A.No.1 of 2024
                                    in
                   W.P.(C) No.40998 of 2023
            -------------------------------------------------
          Dated this the 23rd day of February, 2024


                             ORDER

This Court, by judgment dated 16.01.2024, granted the

petitioner 30 days time to vacate the premises, which is a

secured asset mortgaged to the 1 st respondent-Bank. This

Court further held that after the petitioner vacating the

premises, the Bank may proceed with possession and sale

of the property. Judgment was delivered on 16.01.2024.

2. The petitioner in the writ petition has now filed

I.A.No.1 of 2024, praying that this Court may please to grant

time to the petitioner up to 07.03.2024 to vacate the

premises.

in

3. Taking into consideration the fact that the petitioner

is a third party to the proceedings and this Court as per

judgment dated 16.01.2024 had granted the petitioner 30 days

time to vacate the premises, I do not find any reason to further

enlarge of time.

I.A.No.1 of 2024 is therefore dismissed.

Sd/-

N. NAGARESH JUDGE ams