Paul George vs The Federal Bank Ltd
2024 Latest Caselaw 28627 Ker

Kerala High Court

Paul George vs The Federal Bank Ltd on 26 September, 2024

                                              2024:KER:71842
WP(C) NO. 33638 OF 2024

                               1
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

           THE HONOURABLE MR.JUSTICE BASANT BALAJI

THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946

                    WP(C) NO. 33638 OF 2024

PETITIONERS:

    1      PAUL GEORGE,
           AGED 45 YEARS
           S/O. GEORGE CHUMMAR, EDAPPALAKKATTU HOUSE,
           NORTH PIRAMADOM P.O., MUVATTUPUZHA,
           ERNAKULAM, PIN - 686667

    2      JISHA ELIZABETH JAISON,
           AGED 41 YEARS
           W/O. PAUL GEORGE, EDAPPALAKKATTU HOUSE,
           NORTH PIRAMADOM P.O., MUVATTUPUZHA,
            ERNAKULAM, PIN - 686667

    3      GEORGE CHUMMAR,
           AGED 76 YEARS
           S/O. CHUMMAR, EDAPPALAKKATTU HOUSE,
           NORTH PIRAMADOM P.O., MUVATTUPUZHA,
           ERNAKULAM, PIN - 686667

    4      ANNAMMA GEORGE @ BEEVY GEORGE @ ANNAMMA THOMAS,
           AGED 68 YEARS, W/O. GEORGE CHUMMAR,
           EDAPPALAKKATTU HOUSE, NORTH PIRAMADOM P.O.,
           MUVATTUPUZHA, ERNAKULAM, PIN - 686667


           BY ADVS.
           DENU JOSEPH
           MUHISEENA.V.Z
           MANJU M.K.
                                                       2024:KER:71842
WP(C) NO. 33638 OF 2024

                                    2

RESPONDENTS:


    1          THE FEDERAL BANK LTD.,
               LITTLE FLOWER CHURCH BUILDING,
               PUTHENCRUZ, ERNAKULAM DISTRICT,
               REPRESENTED BY ITS BRANCH MANAGER,
               PIN - 682031

    2          AUTHORIZED OFFICER/VICE PRESIDENT,
               FEDERAL BANK LTD., LCRD/ERNAKULAM DIVISION,
               FEDERAL TOWERS, GROUND FLOOR, MARINE DRIVE,
               ERNAKULAM, PIN - 682031


               BY ADV SRI. PAULOCHAN ANTONY, SC


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   26.09.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      2024:KER:71842
WP(C) NO. 33638 OF 2024

                                   3



                            JUDGMENT

Ext. P1 was issued to the petitioners by the

Advocate Commissioner informing them that the secured

assets would be taken into physical possession on

28.09.2024.

2. The limited prayer of the petitioners is that they

have already approached the learned Magistrate to get a

certified copy of the documents in MC.No.428/2024 of

ACJM Court, Ernakulam on 13.09.2024 and it is

submitted by the counsel for the petitioner that he has

received the documents yesterday. So, a breathing time may

be granted to approach the Debt Recovery Tribunal (DRT).

3. Having heard the learned counsel for the

petitioners as well as the Standing Counsel for the

respondents, since the certified copies are already given to

the petitioners, I deem it appropriate to grant ten days time

to the petitioner to approach the DRT. In the meantime, all

coercive proceedings, including taking of physical

possession, shall be deferred.

2024:KER:71842 WP(C) NO. 33638 OF 2024

The Writ Petition is disposed of accordingly.

Sd/-

BASANT BALAJI JUDGE SPV 2024:KER:71842 WP(C) NO. 33638 OF 2024

APPENDIX OF WP(C) 33638/2024

PETITIONER'S EXHIBITS

EXHIBIT.P1 THE COPY OF THE SAID NOTICE DATED 09.09.2024 ISSUED BY THE ADVOCATE COMMISSIONER IN MC NO.428/2024 OF ACJM COURT, ERNAKULAM

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE