Leena Dunstan vs The Quilon Co-Op. Urban Bank Ltd. No. Q ...
2024 Latest Caselaw 26323 Ker

Kerala High Court

Leena Dunstan vs The Quilon Co-Op. Urban Bank Ltd. No. Q ... on 3 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
      THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
                                    &
                    THE HONOURABLE MR. JUSTICE S.MANU
         Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
                             WA NO. 1209 OF 2024
    AGAINST JUDGMENT DATED 01.08.2024 IN WP(C) 27493/2024 OF THIS COURT
APPELLANT(S)/PETITIONER:

     LEENA DUNSTAN, AGED 40 YEARS, D/O. LATE DUSTAN MORRIS, RESIDING AT
     THUNDU PURAYIDOM, THEKKUMKARA, PULLICHIRA P.O., KOLLAM NOW RESIDING
     AT 1ST FIGLIE DI NOSTRA SIGNORA AL MONTE CALVARIO VIA EAMNUELE
     FILIBERTO 104 00185 ROMA, ITALIA, REPRESENTED BY HER POWER OF
     ATTORNEY HOLDER NANCY FRANCIS, AGED 58 YEARS, W/O. FRANCIS, JO
     NIVAS, PULLICHIRA PO, MAYYANAD, MAYYANAD, KOLLAM DISTRICT, PIN -
     691304

BY ADVS.M/S. BIJU .C. ABRAHAM, BASIL MATHEW & THOMAS C.ABRAHAM

RESPONDENT(S)/RESPONDENTS

  1. THE QUILON CO-OP. URBAN BANK LTD. NO. Q 960, KOLLAM, REPRESENTED BY
     ITS AUTHORIZED OFFICER, PIN - 691001

AND ANOTHER.

BY ADV.D.P.RENU FOR R1



     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to the respondents to handover the physical possession of the secured
assets to the appellant on payment of Rs. 7 lakhs forthwith or within such
time as this Hon'ble Court may deem fit and proper in the interest of
justice.
     This Writ Appeal again coming on for orders on 03/09/2024 upon
perusing the appeal memorandum, and this Court's order dated 22/08/2024
the court on the same day passed the following:
        A.MUHAMED MUSTAQUE, Acting C.J. & S.MANU, J.
       ----------------------------------------------------------
                       W.A. No.1209 of 2024
              -----------------------------------------------
             Dated this the 3rd day of September, 2024


                                  ORDER

A.Muhamed Mustaque, Acg.C.J.

The order dated 22.08.2024 was passed in the absence of

the learned counsel for the respondent. The learned counsel for

the appellant/petitioner fairly admitted that no copy was served

on the learned Standing Counsel. Therefore, we recall the order

dated 22.08.2024.

2. The learned counsel for the appellant/petitioner

submits that the appellant/petitioner is prepared to pay a sum of

Rupees Ten Lakhs immediately.

3. If that be so, we can consider any of the prayers of

the appellant/petitioner on payment of Rupees Ten Lakhs on or

before 10.09.2024.

Post on 11.09.2024.

Sd/-

A.MUHAMED MUSTAQUE, ACTING CHIEF JUSTICE

Sd/-

S.MANU, JUDGE PR

03-09-2024 /True Copy/ Assistant Registrar