Nazeer K K vs Phoenix Arc Private Ltd
2024 Latest Caselaw 29899 Ker

Kerala High Court

Nazeer K K vs Phoenix Arc Private Ltd on 22 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 34841 OF 2024
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                                                                      2024:KER:78927
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR. JUSTICE D. K. SINGH

       TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                             WP(C) NO. 34841 OF 2024


PETITIONER:

              NAZEER K K
              AGED 56 YEARS
              S/O KASSIM, KANDARUMADATHIL HOUSE, KALLOOR, AMAMANADA,
              THRISSUR DISTRICT, PIN - 680741

              BY ADVS.
              P.CHANDRASEKHAR
              AYPE JOSEPH
              ANOOP KRISHNA
              C.RAMAN
              ANAND SANKAR
              REGIMOL M.K.
              PRATHEEKSHA RAJ
              JENNY THANKAM


RESPONDENT:

              PHOENIX ARC PRIVATE LTD,
              IN ITS CAPACITY AS TRUSTEE OF THE PHOENIX TRUST- FY 17L8 AND
              AS ASSIGNEE OF THE SOUTH INDIAN BANK LTD, HAVING REGISTERED
              OFFICEAT5THFLOOR,DANICORPORATEPARK,158 CST ROAD, KALINA,
              SANTACRUZ (EAST), MUMBAI, REPRESENTED BY ANISHA SHINDE, D/O
              LATE ANIL SHINDE AS AUTHORISED OFFICER, PIN - 400098

              BY ADVS.
              NIDHI SAM JOHN
              LIJO JOSEPH (THOPPIL)(K/000537/2013)
              A.KEVIN THOMAS(K/639/2014)
              CELIA SANTHOSH(K/1297/2020)
              A.V.THOMAS (SR.)(T-49)


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34841 OF 2024
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                                                                     2024:KER:78927
                              JUDGMENT

Dated this the 22nd day of October, 2024

The present Writ Petition has been filed seeking the

following prayers:

i. Call for the records leading to Exhibit P5 and quash the same by issuing a Writ of Certiorari;

ii. Issue a writ of mandamus or any other writ, order or direction directing the Honorable Chief Judicial Magistrate, Thrissur not to take possession of the petitioner's property scheduled to Exhibit P2 Affidavit at the instance and at the request of the respondent; And iii. Pass such further orders as this Honorable Court may be pleased to grant on the facts and circumstances of the case.

2. However, in the meantime, the possession of the

secured asset has been taken. The learned counsel for the

petitioner submits that the petitioner's personal belongings

may be given to the petitioner.

3. The learned counsel for the respondent company has

no objection in handing over the petitioner's personal

belongings. However, the petitioner should inform that

when he would like to collect his personal belongings. WP(C) NO. 34841 OF 2024

2024:KER:78927 Considering the aforesaid stand of the respondent, the

present writ petition is disposed of with a direction to the

petitioner to inform the date and time to the respondent for

collecting his personal belongings lying in the secured asset

and on such intimation, the respondent should be handed

over the personal belongings to the petitioner.

Sd/-

D. K.SINGH

JUDGE AP WP(C) NO. 34841 OF 2024

2024:KER:78927 APPENDIX OF WP(C) 34841/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ASSIGNMENT AGREEMENT DATED 17- 03-2017 BETWEEN SOUTH INDIAN BANK AND THE 1ST RESPONDENT

Exhibit P2 A TRUE COPY OF THE AFFIDAVIT IN MC NO.441 OF 2023 BEFORE THE 2ND RESPONDENT

Exhibit P3 A TRUE COPY ORDER DATED 20-03-2024 IN MC 441 OF 2023 OF THE 2ND RESPONDENT

Exhibit P4 A TRUE COPY OF APPLICATION DATED 04-09-2024 OF THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT

Exhibit P4(a) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P4

Exhibit P5 A TRUE COPY OF ORDER DATED 13-06-2023 IN MC 441 OF 2023 OF THE 2ND RESPONDENT