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Kerala High Court

Anilkumar M.S vs The Authorized Officer on 23 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

WP(C) No.16210/2024                     1/3                       Order Date : 23-04-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
             Tuesday, the 23rd day of April 2024 / 3rd Vaisakha, 1946
                              WP(C) NO. 16210 OF 2024
   PETITIONERS:

      1. ANILKUMAR M.S., AGED 48 YEARS, S/O SUDHAKARAN,MUTHALPRAYIL,
         KANJIRAM P.O.,THIRUVARPPU, KOTTAYAM DISTRIT, PIN-686020
      2. SHALINI K.M., AGED 43 YEARS, W/O ANILKUMAR, MUTHALPRAYIL, KANJIRAM
         P.O., THIRUVARPP, KOTTAYAM DISTRICT, PIN-686020

   RESPONDENTS:

      1. THE AUTHORIZED OFFICER, STATE BANK OF INDIA, RACPC, OPPOSITE BCM
         COLLEGE, K.K.ROAD, KOTTAYAM, PIN-686001
      2. THE BRANCH MANAGER, STATE BANK OF INDIA, THIRUVARPU BRANCH KOTTAYAM
         DISTRICT, PIN-686020


        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 pursuant to Exhibit P1 notice
   until the disposal of the above writ petition.


        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
   SRI.U.R.HARSHAKUMAR, Advocate for the petitioners, the court passed the
   following:
 WP(C) No.16210/2024                         2/3                               Order Date : 23-04-2024




                                     N.NAGARESH, J.
                           ------------------------------------------------
                                W.P.(C) No.16210 of 2024
                         -------------------------------------------------
                         Dated this the 23rd day of April, 2024

                                           ORDER

Standing Counsel submits that the overdue amount would come to more than ₹3,69,000/-.

2. There will be an interim order restraining the respondents from taking coercive action against the petitioners till 22.05.2024 on condition that the petitioners shall remit an amount of ₹1 lakh on or before 22.05.2024.

Post on 22.05.2024.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.16210/2024 3/3 Order Date : 23-04-2024 APPENDIX OF WP(C) 16210/2024 Exhibit P1 TRUE COPY OF THE NOTICE UNDER SECTION 13 (4) OF THE SECURITIZATION THIS AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT SECURITY INTEREST ACT, 2002PUBLISHED BY THE 1ST RESPONDENT IN THE NEW INDIAN EXPRESS DAILY DATED 05-03-2024 Exhibit P2 TRUE COPY OF THE RECEIPT/PAY IN SLIP DATED 02-03-2024 COUNSEL SIGNED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER DATED 16-03-2024 ISSUED BY THE 1ST RESPONDENT IN THIS REGARD Exhibit P3(a) TRUE COPY OF THE LETTER DATED 16-03-2024 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 12-04-2024 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT