Csb Bank Ltd (Formerly The Catholic ... vs The Sub Registrar
2024 Latest Caselaw 15772 Ker

Kerala High Court

Csb Bank Ltd (Formerly The Catholic ... vs The Sub Registrar on 6 June, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

WP(C) No.20117/2024                     1/3                        Order Date : 06-06-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
             Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
                              WP(C) NO. 20117 OF 2024
   PETITIONER:

          CSB BANK LTD (FORMERLY THE CATHOLIC SYRIAN BANK LTD) KADUKUTTY
          BRANCH, THRISSUR REPRESENTED BY ITS AUTHORISED OFFICER SRI.TOMY P
          A, CHIEF MANAGER CSB BANK LTD, ZONAL OFFICE THRISSUR, THRISSUR , PIN
          - 680309

   RESPONDENTS:

      1. THE SUB REGISTRAR OCHIRA SRO, KOLLAM , KERALA, , PIN - 690546
      2. THE VILLAGE OFFICER, OCHIRA VILLAGE, KOLLAM, KERALA, PIN - 690526
      3. THE TAHASILDAR, CHALAKUDY , TALUK OFFICE, CHALAKUDY , PIN - 680307
      4. M/S ACCUR ARCH ACRYLICS PVT LTD. 32 KINFRA SMALL SCALE INDUSTRIES
         PARK, NALUKETTU ROAD, KORATTY , THRISUUR REPRESENTED BY ITS MANAGING
         DIRECTOR , PIN - 680309
      5. BHASKARAN, P S/O PADMANABHAN , PUTHIYEDAN HOUSE, MOTHIRAKANNI P.O ,
         NEAR PRIYARAM KRISHI BHAVAN , THRISSUR , PIN - 680724
      6. BINDU K.S W/O LATE PRASANNAN , CHOOLOOR NO.1, HOUSE
         ,CHANGANKULANGARA , OCHIRA , KOLLAM , PIN - 690526
      7. DEEPALATHA BHASKARAN ,W/O BHASKARAN, PUTHIYEDAN HOUSE, MOTHIRAKANNI
         P.O , NEAR PRIYARAM KRISHI BHAVAN, THRISSUR, PIN - 680724
      8. FIROZ Y M, S/O YOOSUF, RAMEEZ MANZIL HOUSE, PAYIKUZHI, OCHIRA, KOLLA
         , PIN - 690526
      9. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION 2ND FLOOR, CHOICE
         TOWERS, MANORAMA JUNCTION, KOCHI, REPRESENTED BY ITS MANAGING
         DIRECTOR, PIN - 682016


        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 direct the 1st respondent to register the Exhibit P2 sale
   certificate issued by the petitioner under sarfaesi act


        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. MADHU RADHAKRISHNAN, NELSON JOSEPH, M.D.JOSEPH & DEEPAK ASHOK KUMAR,
   Advocates for the petitioner, the court passed the following:
 WP(C) No.20117/2024                          2/3                                 Order Date : 06-06-2024




                                     N. NAGARESH, J.
                                    ----------------------------
                                W.P. (C) No.20117 of 2024
                         --------------------------------------------------
                            Dated this the 6th day of June, 2024

                                          ORDER

Admit.

Government Pleader takes notice for respondents

1 to 3. Standing Counsel takes notice for the 9 th respondent.

Issue urgent notice by Speed Post to respondent 4 to 8.

Post on 11.07.2024.

Sd/-

N. NAGARESH JUDGE AMR WP(C) No.20117/2024 3/3 Order Date : 06-06-2024

APPENDIX OF WP(C) 20117/2024 Exhibit P1 A TRUE COPY OF THE LETTERS OF CONFIRMATION DATED 27/8/2013 ISSUED BY THE RESPONDENT NO.5 AND THE LATE PRASANNAN WITH RESPECT TO DEPOSIT OF SALE DEED NO. 2553/2005 & 4566/2000 Exhibit P2 THE TRUE COPY OF THE SALE CERTIFICATE DATED 31/08/2022 ISSUED BY THE PETITIONER TO THE RESPONDENT NO Exhibit P3 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 21/1/2022 Exhibit P4 THE TRUE COPY OF THE LETTER DATED 28/2/2024 ISSUED BY THE OFFICE OF THE STATE TAX OFFICER, CHALAKUDY Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT DATED 16/5/2024 Exhibit P6 THE TRUE COPY OF THE LETTER DATED 14/3/2024 ISSUED BY THE 3RD RESPONDENT Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN WPC 16745/2018 DATED 10.12.2018 Exhibit P8 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONFOLE COURT IN WPC NO. 3956/2019 DATED 11.02.2019 Exhibit P9 THE TRUE COPY OF THE JUDGMENT IN WPC NO. 27827/ 2020 DATED 21.01.2021