M/S. Yenfor Ventures Pvt. Ltd. ... vs State Bank Of India Rep. By Its Branch ...
2024 Latest Caselaw 26690 Ker

Kerala High Court

M/S. Yenfor Ventures Pvt. Ltd. ... vs State Bank Of India Rep. By Its Branch ... on 5 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 MRS. JUSTICE SOPHY THOMAS
         Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
                     IA.NO.7/2024 IN WA NO. 809 OF 2024
    AGAINST JUDGMENT DATED 05.06.2024 IN WP(C) 17013/2024 OF THIS COURT
APPLICANTS/RESPONDENTS:

  1. STATE BANK OF INDIA, REP. BY ITS BRANCH MANAGER, KUTTIADI BRANCH,
     KUTTIADIM, KOZHIKODE, PIN: 673508
  2. THE AUTHORIZED OFFICER, STATE BANK OF INDIA , STRESSED ASSETS
     MANAGEMENT BRANCH, COIMBATORE, RAJA PLAZA, FIRST FLOOR, NO.1112,
     AVINASHI ROAD, COIMBATORE, PIN: 641037

RESPONDENTS/APPELLANTS:

  1. M/S. YENFOR VENTURES PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR
     MUHAMMAD NAJAD, AGED 48 YEARS, S/O. KUNHAMMAD KUTTY, DOOR NO.4/224C,
     KAM TOWER, KADEKKA CHALIL, KUTTIADY P.O, KOZHIKOD, PIN: 673508
  2. MUHAMMAD NAJAD, AGED 38 YEARS, S/O. KUNJAHAMMED KUTTY, KADEKKACHALIL
     HOUSE, KUTTIADI P.O, KOZHIKODE, PIN: 673508
  3. K.C. KUNJAHAMMED KUTTY, AGED 66 YEARS, S/O. AMMAD, KADEKKACHALIL
     HOUSE, KUTTIADI P.O, KOZHIKODE, PIN: 673508
  4. MOHAMMED NAJMAL, AGED 41 YEARS, S/O. KUNJAHAMMED KUTTY,
     KADEKKACHALIL HOUSE, KUTTIADI P.O, KOZHIKODE, PIN: 673508
  5. NAJMUDHEEN M.K, AGED 47 YEARS, S/O. MOIDU, MALAYANA KANDU HOUSE,
     KUTTIADY P.O, VADAKARA, KOZHIKODE, PIN: 673508
  6. MOHAMMED NAJEEL, AGED 36 YEARS, S/O. KUNJAHAMMED KUTTY.
     KADEKKACHALIL HOUSE, KUTTIADI P.O, KOZHIKODE, PIN: 673508

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to         direct the
Superintendent of Polic     e, Kozhikode, to render effective and adequate
Police protection to the Advocate Commissioner and Officers of the
petitioner bank to take physical possession of the secured asset
(residential House) of the respondents herein as per the orders of the
Chief Judicial Magistrate Court, Kozhikode in C.M.P.No.876 of 2023.
     This Application coming on for orders on 05/09/2024 upon perusing
the application and the affidavit filed in support thereof and this
court's judgment dated 14.06.2024 and upon hearing the arguments of
STANDING COUNSEL SRI.TOM K.THOMAS, Advocates for the applicants, and
ADVS.M/S. V.K.PEERMOHAMED KHAN, GIRISH KUMAR V.C, M.S.ANEER & SREELAKSHMI
SURESH, Advocates for Respondents 1 to 6, the court on the same day passed
the following:
                      A.MUHAMED MUSTAQUE , Acg.C.J. &

                           SOPHY THOMAS,J.
                ----------------------------------
                        I.A.No.7 of 2024 in
                         W.A.No.809 OF 2024
                ----------------------------------
             Dated this the 5th day of September, 2024

                                        ORDER

A.Muhamed Mustaque, Acg.C.J.

On several occasions, time extension was sought,

but the directions has not been complied with. We are

proposing to impose a cost of Rs.5,00,000/. The

petitioner in I.A. shall show cause why cost shall

not be imposed. In the meanwhile, the bank has also

filed an application for police protection and we

also propose to grant police protection in the

matter. The petitioner shall file show cause why

police protection shall not be granted.

Post on 09/09/2024 at 1.30 p.m.in chambers.

Sd/-

A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

Sd/-

                                                          SOPHY THOMAS
  sv                                                         JUDGE


05-09-2024                   /True Copy/                          Assistant Registrar