M/S Pothens Vehicles And Services Pvt. ... vs M/S Indian Bank, Main Branch ...
2024 Latest Caselaw 30472 Ker

Kerala High Court

M/S Pothens Vehicles And Services Pvt. ... vs M/S Indian Bank, Main Branch ... on 25 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) No.23347/2024                     1/3                        Order Date : 25-10-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE D. K. SINGH
             Friday, the 25th day of October 2024 / 3rd Karthika, 1946
                              WP(C) NO. 23347 OF 2024
   PETITIONER:

          M/S POTHENS VEHICLES AND SERVICES PVT. LTD. REPRESENTED BY MANAGING
          DIRECTOR : ASHOK HARRY POTHEN AGED 60 YEARS 9/114 16 9/114 17,
          KOWDIAR MANOR, JAWAHAR NAGAR, TRIVANDRUM, PIN-695003

   RESPONDENT:

      1. M/S INDIAN BANK, MAIN BRANCH TRIVANDRUM, REPRESENTED BY ITS
         AUTHORISED OFFICER, M.G ROAD, THIRUVANANTHAPURAM, PIN - 695001
      2. BRANCH MANAGER M/S INDIAN BANK, MAIN BRANCH TRIVANDRUM, M.G ROAD,
         THIRUVANANTHAPURAM, PIN-695001


        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 by the respondent under SARFAESI
   Act against the petitioners and the properties in question, pending
   disposal of the writ petition, in the interest of justice.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and this Court's final order dated
   17.07.2024 and upon hearing the arguments of M/S V.K.PEERMOHAMED KHAN,
   GIRISH KUMAR V.C & ASNA M.B., Advocates for the petitioner and of M/S
   BINOY VASUDEVAN & K.V.RAJESWARI, Advocates for the respondents, the court
   passed the following:
 WP(C) No.23347/2024                        2/3                       Order Date : 25-10-2024




                                   D. K. SINGH, J.
                                   --------------------------
                                   I.A. No. 1 of 2024
                                               In
                               W.P.(C) No. 23347 of 2024
                                     -------------------------
                         Dated this the 25th day of October, 2024

                                         ORDER

1. As a last chance, the petitioner is directed to make payment

of the installments due for the month of October, 2024 as per the

Judgment dated 17.07.2024 passed in W.P.(C) No. 23347 of 2024

along with the installment for the month of November, 2024 on or

before 07.11.2024.

2. If the petitioner fails to make payments as directed above,

the respondent Bank shall be free to proceed further against the

petitioner under the law for realization of its outstanding dues.

3. It is made clear that, if the petitioner makes any further

attempt to get extension of time for complying the orders passed

by this Court, the same shall be dismissed with heavy cost.

Sd/-

D. K. SINGH JUDGE Svn WP(C) No.23347/2024 3/3 Order Date : 25-10-2024

APPENDIX OF WP(C) 23347/2024 Exhibit P1 TRUE COPY OF THE PETITION ALONG WITH AFFIDAVIT FILED BY THE RESPONDENT BANK IN MC NO: 671 OF 2023 Exhibit P2 TRUE COPY OF THE WARRANT DATED 02.09.2023 ISSUED BY THE CJM COURT, THIRUVANANTHAPPURAM IN MC 671 OF 2023 Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 17.12.2023 IN WP(C) NO:

Exhibit P4 TRUE COPY OF THE BANK STATEMENT OF ACCOUNT SHOWING REMITTANCES MADE BY THE PETITIONER WITH THE RESPONDENT BANK Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 21.05.2024 Exhibit P6 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 19.06.2024