Kerala High Court
T.R.S.Kumar vs Yes Bank Limited on 13 September, 2024
WP(C) No.33063/2024 1/4 Order Date : 13-09-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Friday, the 13th day of September 2024 / 22nd Bhadra, 1946
WP(C) NO. 33063 OF 2024
PETITIONER:
T.R.S.KUMAR , AGED 56 YEARS ADVOCATE, S/O REGHUVARAN, RESIDING AT
FLAT NO.11- C1- 1107, MARINA MAJESTIC, MARINE DRIVE, ERNAKULAM , PIN
- 682031
RESPONDENTS:
1. YES BANK LIMITED, REGISTERED OFFICE AT YES BANK HOUSE, WESTERN
EXPRESS HIGHWAY SANTACRUZ EAST, MUMBAI REPRESENTED BY ITS VICE
PRESIDENT., PIN - 400055
2. THE AUTHORISED OFFICER & VICE PRESIDENT , YES BANK LIMITED, 1ST
FLOOR, PUTHURAN PLAZA, NORTHERN SIDE, KPCC JUNCTION MG ROAD,
ERNAKULAM , PIN - 682011
3. DR. JOHNY JOSEPH, S/O. P.D. JOSEPH, DENTIST,AGED 57 YEARS, PERAYIL
HOUSE SOUTH JANATHA ROAD, COCHIN , PIN - 682035
4. SMT. SINDHU ANNA GEORGE, AGED 51 YEARS W/O.DR. JOHNY JOSEPH, PERAYIL
HOUSE, SOUTH JANATHA ROAD,COCHIN , PIN - 682035
5. THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM , REPRESENTED BY
SHERISTADAR , PIN - 682011
6. SMT.N.S. NEETHUMOL, ADVOCATE COMMISSIONER THE ERNAKULAM BAR
ASSOCIATION 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 further proceedings taking possession of the flat
occupied by the petitioner as per exts.p1 & p2 based on ext.p5, pending
disposal of the writ petition (c).
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. K.JAJU BABU (SR.) ,M.U.VIJAYALAKSHMI,, BRIJESH MOHAN, T.S.ATHIRA,
SACHIN RAMESH & MANIKANTAN S.KANDATHIL, Advocates for the petitioner, the
court passed the following:
WP(C) No.33063/2024 2/4 Order Date : 13-09-2024
HARISANKAR V. MENON, J.
------------------------------
W.P.(C) No.33063 of 2024
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Dated this the 13th day of September, 2024
ORDER
The petitioner has filed this writ petition, seeking to set aside
Ext.P5 issued by the Chief Judicial Magistrate Court. The petitioner
has also sought for a declaration that the petitioner cannot be
evicted from the premises which has been occupied by him.
2. Sri.K.Jaju Babu, learned Senior Counsel appearing for
the petitioner, points out that the petitioner has entered into a
tenancy with respondents 3 and 4, who have obtained an advance
facility from the 1st respondent subsequent to the tenancy, and on
that basis the bank has taken proceedings against respondents 3
and 4, under Section 14 of the Securitization and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002
(SARFAESI Act). He relies on the judgment of this Court in Shiju
Mani v. CSB represented by its Authorized Officer [2024 (2)
KHC 68], to contend that a tenant like the petitioner cannot be
dispossessed by virtue of invoking the powers under Section 14 in
the afore circumstances.
3. Issue notice to respondents 1 to 4 and 6 by speed post.
4. There will be an interim stay, as prayed for, for a period
WP(C) No.33063/2024 3/4 Order Date : 13-09-2024
of two months.
5. Taking note of the request made by the learned Senior
Counsel, the petitioner is permitted to produce translated copies
of Exts.P1 and P2 within a period of three weeks.
Post on 14.10.2024.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
WP(C) No.33063/2024 4/4 Order Date : 13-09-2024
APPENDIX OF WP(C) 33063/2024
Exhibit P1 TRUE COPY OF THE LEASE PLEDGE AGREEMENT DATED
01.08.2018 EXECUTED BETWEEN THE PETITIONER AND THE 3RD
RESPONDENT
Exhibit P2 TRUE COPY OF THE LEASE PLEDGE AGREEMENT DATED
07.12.2023 EXECUTED BETWEEN THE PETITIONER AND THE 3RD
RESPONDENT
Exhibit P3 TRUE COPY OF THE PLAINT OS.NO.528/2024 FILED BY THE
PETITIONER BEFORE THE MUNSIFF COURT, ERNAKULAM ON
23.05.2024
Exhibit P4 TRUE COPY OF THE AFFIDAVIT AND INTERLOCUTORY
APPLICATION FILED IN OS.NO.528/2024 FILED BY THE
PETITIONER BEFORE THE MUNSIFF COURT, ERNAKULAM ON
23.05.2024
Exhibit P5 TRUE COPY OF THE NOTICE DATED 03.09.2024 SENT BY THE
6TH RESPONDENT IN MC.NO.953/2024 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, ERNAKULAM FORWARDED TO THE PETITIONER
BY THE 3RD RESPONDENT (ALONG WITH TYPED COPY)
