Kerala High Court
P.V. Varghese vs Central Bank Of India Represented By Its ... on 10 October, 2024
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W.P.(C) NO.35653 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
W.P.(C) NO.35653 OF 2024
(AGAINST THE ORDER DATED IN MC NO.276 OF 2024 OF CHIEF JUDICIAL
MAGISTRATE, KANJIRAPPALLY)
PETITIONER:
P.V. VARGHESE, AGED 60 YEARS,
S/O. P.P. VARGHESE, PANTHAPPILLIL (H), PERUVA P.O.,
KOTTAYAM, PIN - 686 610
BY ADV AKHIL VIJAY
RESPONDENT:
CENTRAL BANK OF INDIA,
REPRESENTED BY ITS AUTHORISED OFFICER NARESH SAINI,
AGED 36, S/O KISHAN LAL, CHIEF MANAGER, REGIONAL OFFICE,
1ST FLOOR, METRO PALACE, OPPOSITE NORTH RAILWAY STATION,
ERNAKULAM NORTH, ERNAKULAM, PIN - 682 018
OTHER PRESENT:
SRI. K.M ANEESH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.35653 OF 2024
JUDGMENT
(Dated: 10th October, 2024)
Sri. K.M Aneesh, standing counsel takes notice for the
respondent.
Ext.P14 is the notice issued by the Advocate Commissioner that
the scheduled property will take possession on or after 10.10.2024.
On 20.8.2024, the DRT has passed an order.
Learned counsel appearing for the applicant submits that he is
ready to deposit Rs.3 lakhs.
Learned counsel for the defendant submits that the applicant
will have to deposit Rs.4 lakhs in the same month and then it will be
regularised.
On 04.10.2024, it was submitted that an amount of Rs.4 lakhs
was deposited and the matter was listed for Lok Adalath on
05.10.2024. It is seen from Ext.P9 that an amount of Rs.4 lakhs was
remitted on 09.09.2024.
W.P.(C) NO.35653 OF 2024
The grievance of the petitioner is that the commissioner has now
issued Ext.P14.
Learned counsel for the respondent submits that on 09.09.2024
there was no representation on the part of the applicant and therefore
the stay petition could not be taken up and the case was posted to
21.10.2024.
The counsel for the petitioner seeks indulgence of this court to
stay the taking of physical possession so that he can make an
application for advancing the case and move the stay application.
Heard counsel on either side.
Having considered the rival submissions and taking note of the
averments in the writ petition and the payment of Rs.4 lakhs as agreed
by the petitioner, I deem it appropriate to dispose of this writ petition
directing the respondent not to take physical possession of the
property as per the order in M.C.No.276 of 2024 for a period of 10
days from today. The petitioner is free to move an application to
W.P.(C) NO.35653 OF 2024
advance the case for obtaining a stay.
The writ petition is disposed of.
Sd/-
BASANT BALAJI,
JUDGE
ss
W.P.(C) NO.35653 OF 2024
APPENDIX OF WP(C) 35653/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LOAN AGREEMENT DATED 07/08/2017
Exhibit P2 A TRUE COPY OF THE ORDER DATED 06/04/2024 PASSED
BY THE HONORABLE COURT OF THE CHIEF JUDICIAL
MAGISTRATE. KOTTAYAM IN M.C. 276/2024
Exhibit P3 A TRUE COPY OF THE SECURITISATION APPLICATION
FILED BY THE PETITIONER IN S.A. 428/2024 ON THE
FILES OF THE HONORABLE DEBT RECOVER TRIBUNAL-II,
ERNAKULAM
Exhibit P4 A TRUE COPY OF THE APPOINTMENT LETTER OF THE
PETITIONER'S SON
Exhibit P5 A TRUE COPY OF THE EMAIL SENT BY THE PETITIONER'S
SON DATED 18/08/2024
Exhibit P6 A TRUE COPY OF THE DAILY ORDER PASSED BY THE
HONORABLE COURT OF THE DEBT RECOVERY TRIBUNAL-II,
Exhibit P7 A TRUE COPY OF THE DAILY ORDER PASSED BY THE
HONORABLE COURT OF THE DEBT RECOVERY TRIBUNAL-II,
Exhibit P8 A TRUE COPY OF THE EMAIL SENT BY THE PETITIONER'S
SON DATED 07/09/2024
Exhibit P9 A TRUE COPY OF THE DEPOSIT SLIP DATED 09/09/2024
Exhibit P10 A TRUE COPY OF THE EXTRACT OF THE RELEVANT PAGE OF
THE PASSBOOK OF THE LOAN ACCOUNT
Exhibit P11 A TRUE COPY OF THE PETITION AND AFFIDAVIT FILED BY
THE PETITIONER SEEKING REGULARISATION IN
I.A.3807/2024 IN S.A. 428/2024 ON THE FILES OF THE
HONORABLE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
Exhibit P12 A TRUE COPY OF THE DAILY ORDER PASSED BY THE
HONORABLE COURT OF THE DEBT RECOVERY TRIBUNAL-II,
W.P.(C) NO.35653 OF 2024
Exhibit P13 A TRUE COPY OF THE EMAIL DATED 07/10/2024 SENT BY
THE PETITIONER'S SON TO THE RESPONDENT
Exhibit P14 A TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE
DATED 05/10/2024
Exhibit P15 A TRUE COPY OF THE PETITION IN I.A. NO. 2489/2024
