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Kerala High Court

Grigory Varkey vs The Branch Manager on 27 January, 2022

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

WP(C) No.2794/2022                               1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
             Thursday, the 27th day of January 2022 / 7th Magha, 1943
                              WP(C) NO. 2794 OF 2022
   PETITIONERS:

      1. GRIGORY VARKEY, AGED 59 YEARS, S/O.RICHARD, MANEEL VEEDU, NEENDAKARA
         VILLAGE, NEENDAKARA POST, KOLLAM - 691 582.
      2. VIDYA VARGHESE, AGED 29 YEARS, D/O.GRIGORY VARKEY, MANEEL VEEDU,
         NEENDAKARA VILLAGE, NEENDAKARA POST, KOLLAM - 691 582.

   RESPONDENTS:

      1. THE BRANCH MANAGER, STATE BANK OF INDIA, CHAVARA TOWN BRANCH,
         CHAVARA P.O., KOLLAM - 691 583.
      2. THE AUTHORIZED OFFICER, STATE BANK OF INDIA, REPRESENTED BY ITS
         CHIEF MANAGER (MAINTENANCE), RACPC KOLLAM, 1ST & 11ND FLOOR, RAVI'S
         ARCADE, NEAR IRON BRIDGE, KOLLAM - 691 013.


        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 in Ext.P1 Notice for
   eviction/delivery/sale of the property mortgaged, pending the final
   disposal of the above Writ Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.M.RAJESH, Advocate for the petitioners and of SRI.R.S.KALKURA,
   STANDING COUNSEL for Respondents, the court passed the following:

                                               ORDER

Adv.R.S.Kalkura takes notice for respondents and seeks time to get instructions.

Post after three weeks.

In the meantime, petitioners shall not be dispossessed for a period of four weeks.

27.01.2022 Sd/- BECHU KURIAN THOMAS, JUDGE 27-01-2022 /True Copy/ Assistant Registrar WP(C) No.2794/2022 2/2 APPENDIX OF WP(C) 2794/2022 Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 19.01.2022 ISSUED BY THE 2ND RESPONDENT UNDER SEC 13(4) OF THE SARFAESI ACT.