P. Mukundan vs The State Bank Of India
2024 Latest Caselaw 33590 Ker

Kerala High Court

P. Mukundan vs The State Bank Of India on 21 November, 2024

Author: D.K Singh

Bench: D. K. Singh

WP(C) No.40055/2024                     1/3                         Order Date : 21-11-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE D. K. SINGH
           Thursday, the 21st day of November 2024 / 30th Karthika, 1946
                              WP(C) NO. 40055 OF 2024
   PETITIONER:

          P. MUKUNDAN,AGED 84 YEARS,S/O. KUNJIKANNAN,THOTTAPURATH
          HOUSE,THAMARASSERY PO,KOZHIKODE, PIN - 673573

   RESPONDENTS:

      1. THE STATE BANK OF INDIA,REPRESENTED BY ITS MANAGER ,DIAMOND PLAZA ,
         CHUNGAM MAIN ROAD, THAMARASSERY , KOZHIKODE DISTRICT, PIN - 673573
      2. THE ASSET RECOVERY MANAGEMENT BRANCH STATE BANK OF INDIA,
         REPRESENTED BY ITS AUTHORISED MANAGER , R.S BUILDING, METRO PILLAR
         NO. 697, OPPOSITE MAHARAJAS GROUND,ERNAKULAM, PIN - 682011


        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 further proceedings pursuant to Ext. P8 notice,
   pending disposal of the writ petition (civil).


        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
   SRI.SACHIN RAMESH Advocate for the petitioner, the court passed the
   following:
 WP(C) No.40055/2024                         2/3                          Order Date : 21-11-2024




                                        D.K SINGH., J
                                -------------------------------------
                                 W.P(C) No. 40055 of 2024
                                -------------------------------------
                         Dated this the 21st day of November 2024

                                           ORDER

The learned counsel for the petitioner submits that the borrower

has executed a power of attorney in favour of the petitioner, and,

therefore, the petitioner has instituted this writ petition. He further

submits that he will produce the power of attorney executed by the

borrower in favour of the petitioner for prosecuting the present writ

petition. The petitioner shall produce the power of attorney executed

by the borrower in his favour before the next date of posting of this writ

petition.

Subject to making payment of Rs.3,00,000/- on or before

07.12.2024, the petitioner and other family members shall not be

ousted from the secured asset, without the leave of this court.

Post on 09.12.2024.

Sd/-

D K SINGH JUDGE SJ WP(C) No.40055/2024 3/3 Order Date : 21-11-2024

APPENDIX OF WP(C) 40055/2024 Exhibit P1 TRUE COPY OF THE EMAIL DATED 7/03/2023 WITH THE CORRESPONDENT OF THE 2NDRESPONDENT Exhibit P1(a) TRUE COPY OF THE SIGNED BLANK APPLICATION DATED NIL THUS PROVIDED BY THE PETITIONER'S WIFE Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER'S SISTER DATED 14/02/2015 Exhibit P3 TRUE COPY OF THE OUT PATIENT RECORD DATED NIL FROM A REGISTERED PSYCHIATRIST ISSUED TO THE DAUGHTER OF PETITIONER Exhibit P4 . TRUE COPY OF THE REQUEST DATED 14/02/2023 SUBMITTED BY THE PETITIONER'S DAUGHTER BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 12/04/2024 IN WP(C) 8318/2024 OF THIS HON'BLE COURT Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 12/06/2024 IN WP(C) NO.

8318/2024 OF THIS HON'BLE COURT Exhibit P7 TRUE COPY OF THE RECEIPT DATED 3/10/2024 Exhibit P8 TRUE COPY OF THE NOTICE DATED 6/9/2024 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 11/11/2024 PREFERRED BY THE PETITIONER'S DAUGHTER