M/S. Sargur Residency vs The South Indian Bank Ltd
2024 Latest Caselaw 12059 Ker

Kerala High Court

M/S. Sargur Residency vs The South Indian Bank Ltd on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.16268/2024                        1/3                         Order Date : 10-05-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
              Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
                              WP(C) NO. 16268 OF 2024
   PETITIONERs:

      1. M/S. SARGUR RESIDENCY, REPRESENTED BY ITS MANAGING PARTNER FAIROS
         ALUNGAL, RESIDING AT AMEER JAN MANZIL, AYIKKARAPPADI (PO),
         MALAPPURAM DISTRICT, PIN - 673637
      2. P. RAMAKRISHNAN, AGED 66 YEARS, S/O. THEYYAN, PULLANI HOUSE,
         KADALUNDI P.O., KOZHIKODE DISTRICT, PIN - 673302

   RESPONDENTs:

      1. THE SOUTH INDIAN BANK LTD., BRANCH OFFICE, FEROKE, DO. NO. 234 A,
         MADHAVI BLDG., MARKET ROAD, FEROKE, KOZHIKODE, REPRESENTED BY ITS
         BRANCH MANAGER, PIN - 673631
      2. AUTHORISED OFFICER/CHIEF MANAGER, SOUTH INDIAN BANK, REGIONAL OFFICE
         KOZHIKODE, FIRST FLOOR, HAPPY TOWERS, VAIKKOM MOHAMMED BASHEER ROAD,
         MANANCHIRA P.O., KOZHIKODE, PIN-673001


        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 issue an interim direction not to proceed with the auction sale
   pursuant to Ext.P9 notice pending disposal of the writ petition.


        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 DHANYA P.ASHOKAN (SENIOR.) Advocate along with.M.R.VENUGOPAL & S.
   MUHAMMAD ALIKHAN, Advocates for the petitioners and of SRI.
   P.A.AUGUSTINE(AREEKATTEL), Advocate for the respondents, the court passed
   the following:
 WP(C) No.16268/2024                          2/3                     Order Date : 10-05-2024




                           MURALI PURUSHOTHAMAN, J.
                                 ========================
                                 W.P.(C) No. 16268 of 2024
                                 ========================
                              Dated this the 10th day of May, 2024


                                             ORDER

It is submitted by the learned Counsel on the both sides

that OP (DRT) No. 176 of 2024 is posted for consideration today

before another learned Judge of this Court.

Post on 14.05.2024.

Sd/-

MURALI PURUSHOTHAMAN JUDGE Svn H/O WP(C) No.16268/2024 3/3 Order Date : 10-05-2024

APPENDIX OF WP(C) 16268/2024 Exhibit P1 TRUE COPY OF THE LOAN SANCTION LETTER DATED 28/01/2020 ISSUED BY THE 1ST RESPONDENT BANK Exhibit P2 TRUE COPY OF THE NOTICE DATED 09/05/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE NOTICE DATED 01/08/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 24/11/2022 OF THIS HON'BLE COURT IN WPC 25742/2022 Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER ON 19/05/2023 TO THE 2ND PETITIONER Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 29/03/2023 OF THIS HON'BLE COURT IN WPC 11286/2023 Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 03/08/2023 OF THE HON'BLE HIGH COURT OF KARNATAKA IN WP 11053/2023 Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 24/08/2023 OF THIS HON'BLE COURT IN WPC 23193/2023 Exhibit P9 TRUE COPY OF THE AUCTION NOTICE DATED 20/03/2024 ISSUED BY THE 2ND RESPONDENT