Citation : 2024 Latest Caselaw 12683 Ker
Judgement Date : 21 May, 2024
WP(C) No.17958/2024 1/4 Order Date : 21-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
WP(C) NO. 17958 OF 2024
PETITIONER:
ANILKUMAR AYYAPPAN, AGED 38 YEARS, AMBILIKARAZHMA,
OLIKETTIAMBALAM.P.O, MAVELIKKARA,PIN-690510
RESPONDENTS:
1. THE AUTHORISED OFFICER/ CHIEF MANAGER STATE BANK OF INDIA, RASMEC
MAVELIKKARA, ALAPPUZHA,PIN-690101
2. THE MANAGER, STATE BANK OF INDIA,KUTTITHERUVU BRANCH, KAYAMKULAM,
PIN-690502
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 stay all securitization proceeding in Exhibit P2 initiated by
the respondents against the petitioner's property till disposal of 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
SHRI. M.R.SARIN, Advocate for the petitioner, the court passed the
following:
WP(C) No.17958/2024 2/4 Order Date : 21-05-2024
N.NAGARESH, J.
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W.P.(C) No.17958 of 2024
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Dated this the 21st day of May, 2024
ORDER
Standing Counsel vehemently opposed grant of any interim
order and pointed out that the petitioner was granted opportunity
to pay the overdue amount in instalments as per Ext.P1
judgment, which the petitioner has not complied with.
2. Counsel for the petitioner submits that the petitioner is
ready to pay ₹6 lakhs on or before 31.05.2024.
3. In the circumstances, there will be an interim order
directing the respondents to defer coercive proceedings against
the petitioner till 31.05.2024 to enable the petitioner to remit
₹6 lakhs.
4. If the petitioner fails to pay ₹6 lakhs on or before
31.05.2024, then the petitioner shall voluntarily surrender the WP(C) No.17958/2024 3/4 Order Date : 21-05-2024
possession of the secured asset to the Bank, failing which the
Bank will be at liberty to enforce this order availing police
assistance.
Post on 05.06.2024.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.17958/2024 4/4 Order Date : 21-05-2024
APPENDIX OF WP(C) 17958/2024 Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER SIJAKALA
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