Sree Venkateswara Agencies vs M/S Yes Bank
2024 Latest Caselaw 29971 Ker

Kerala High Court

Sree Venkateswara Agencies vs M/S Yes Bank on 22 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) No.36910/2024                     1/3                       Order Date : 22-10-2024

                      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. 36910 OF 2024
   PETITIONERS:

      1. SREE VENKATESWARA AGENCIES TD EAST SANNIDHI ROAD,
         ERNAKULAM,REPRESENTED BY ITS PARTNER, RAJARAM G SHENOY, AGED 55,
         S/O. LATE GOVINDA SHENOY, RADHE SHYAM,TD EAST SANNIDHI ROAD, COCHIN,
         PIN-682035
      2. SHRI GOVIND AGENCIES XL/5530 TD EAST ROAD,ERNAKULAM, REPRESENTED BY
         ITS PARTNER,VISHWANATH G SHENOY, AGED 54, S/O.LATE GOVINDA
         SHENOY,GOVIND NIVAS, NEAR MAHA MAYA TEMPLE, T.D.ROAD, ERNAKULAM,
         PIN-682035.
      3. M/S. SANITARY EQUIPMENT STORES GROUND FLOOR, 40/4964, VASUDEV
         BUILDING, JEW STREET, ERNAKULAM, REPRESENTED BY ITS PARTMER, SRI.
         KAMALNATH G SHENOY,AGED 60, S/O. LATE GOVINDA SHENOY, 40/7069,TD
         EAST SANNIDHI ROAD, ERNAKULAM, PIN-682035

   RESPONDENTS:

      1. M/S YES BANK REGISTERED AND CORPORATE OFFICE AT YES BANK HOUSE OF
         WESTERN EXPRESS HIGHWAY, SANTA CRUZ EAST, MUMBAI,REPRESENTED BY ITS
         MANAGING DIRECTOR, PIN-400005
      2. YES BANK LTD KOSMO ONE, TOWER C, SECOND FLOOR, PLOT NO 14, 3RD MAIN
         ROAD, AMBATTUR, CHENNAI,REPRESENTED BY ITS AUTHORISED OFFICER,
         PIN-600058.
      3. THE AUTHORISED OFFICER AND VICE PRESIDENT, M/S. YES BANK LTD, KPCC
         JUNCTION, MG ROAD, ERNAKULAM, COCHIN, 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 coercive proceedings pursuant to Exhibits P6 to P8 and
   P13 notices pending disposal of the above writ petition, on such
   appropriate conditions as deemed fit and proper by this Honourable Court.


        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. DINESH R.SHENOY, KRIPA ELIZABETH MATHEWS, HELAN PAULOSE & PANCHAMI
   MENON, Advocates for the petitioners, the court passed the following:
 WP(C) No.36910/2024                           2/3                           Order Date : 22-10-2024




                                         D. K. SINGH, J.
                              ------------------------------------------
                                  WP(C).No.36910 Of 2024
                              -------------------------------------------
                            Dated this the 22nd day of October, 2024

                                              ORDER

Subject to making payment of Rs.2,00,00,000/- on or

before 30.10.2024, if the sale of the secured asset should

take place on the fixed date, i.e., 30.10.2024, the same

shall not be confirmed without leave of the Court.

Post this matter on 04.11.2024.

The learned counsel for the Bank shall obtain

instructions and may file a statement for the next date of

posting of this matter

Sd/-

D. K. SINGH JUDGE

Mms WP(C) No.36910/2024 3/3 Order Date : 22-10-2024

APPENDIX OF WP(C) 36910/2024 Exhibit P1 TRUE PHOTOCOPY OF NOTICE DATED 13/1/2023 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. Exhibit P2 TRUE PHOTOCOPY OF NOTICE DATED 13/1/2023 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. Exhibit P3 TRUE PHOTOCOPY OF NOTICE DATED 13/1/2023 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. Exhibit P4 TRUE PHOTOCOPY OF LETTER DATED 24/3/2023 SUBMITTED BY THE PETITIONER.

Exhibit P5 TRUE PHOTOCOPY OF THE WHATSAPP MESSAGE RECEIVED BY THE PETITIONER FROM SHRI. VIJAYAKUMAR, YES BANK ON 2/6/2023 WITH TYPED COPY.

Exhibit P6 TRUE PHOTOCOPY OF POSSESSION NOTICE DATED 28/6/2023 ISSUED TO THE 1ST PETITIONER.

Exhibit P7 TRUE PHOTOCOPY OF POSSESSION NOTICE DATED 28/6/2023 ISSUED TO THE 2ND PETITIONER.

Exhibit P8 TRUE PHOTOCOPY OF POSSESSION NOTICE DATED 28/6/2023 ISSUED TO THE 3RD PETITIONER Exhibit P9 TRUE PHOTOCOPY OF REPRESENTATION SUBMITTED TO THE RESPONDENTS BY EMAIL ON 1/7/2023.

Exhibit P10 TRUE PHOTOCOPY OF REPLY LETTER DATED 7/7/2023 ISSUED BY THE 2ND RESPONDENT BY EMAIL.

Exhibit P11 TRUE PHOTOCOPY OF REPRESENTATION DATED 7/7/2023 SUBMITTED BEFORE THE RESPONDENTS Exhibit P12 TRUE PHOTOCOPY OF JUDGMENT DATED 31/7/2023 IN WP( C)NO.22458/2023, HIGH COURT OF KERALA. Exhibit P13 TRUE PHOTOCOPY OF E AUCTION PROPERTY SALE NOTICE DATED 26/9/2024, TOGETHER WITH SALE NOTICE FOR SALE OF IMMOVABLE PROPERTIES, ISSUED BY THE 3RD RESPONDENT. Exhibit P14 TRUE PHOTOCOPY OF LETTER OF ONE TIME SETTLEMENT DATED 10/10/2024 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS.