Kerala High Court
M.S. Jayarajan vs Chief Manager & Authorised Officer, ... on 17 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:3571
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
WP(C) NO. 21727 OF 2024
PETITIONER:
SREEJA JAYARAJAN M.S.,
AGED 53 YEARS
W/O.JAYARAJAN M.S., MANATHALA HOUSE,
VENKIDESWERA APARTMENT,
PARAKKAT LANE, PATHIRAIKKAL,
THRISSUR, PIN - 680022
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 AUTHORISED OFFICER,
STATE BANK OF INDIA, RACPC THRISSUR,
1ST FLOOR, STATE BANK BHAVAN,
KOVILAKATHUPADAM, THIRUVAMBADI P.O.,
THRISSUR, KERALA, PIN - 680022
2 BRANCH MANAGER,
STATE BANK OF INDIA, RACPC THRISSUR,
1ST FLOOR, STATE BANK BHAVAN,
KOVILAKATHUPADAM, THIRUVAMBADI P.O.,
THRISSUR, KERALA,
PIN - 680022
SRI.JITHESH MENON,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2025, ALONG WITH WP(C).42636/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3571
WP(C) Nos.21727 & 42636 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
WP(C) NO. 42636 OF 2024
PETITIONER:
M.S. JAYARAJAN,
AGED 59 YEARS
S/O OF SREEDHARAN, MANATHALA HOUSE,
A-1 GOVIND VINTAGE PALACE,
PUDURKKARA AYYANTHOLE P O, THRISSUR (DT)
REP. BY THE POWER OF ATTORNEY HOLDER
SREEJA JAYARAJAN, AGED 53 YEARS,
W/O. JAYARAJAN, MANATHALA HOUSE ,
A-1 GOVIND VINTAGE PALACE, PUDURKKARA,
AYYANTHOLE, THRISSUR (DT),
PIN - 680003
BY ADVS.
T.A.SHAIN
RADHAKRISHNA PILLAI.G.(K/000015/1997)
RESPONDENT:
1 CHIEF MANAGER & AUTHORISED OFFICER,
STATE BANK OF INDIA,
SARB IJ ERNAKULAM (70683), 1ST FLOOR,
R. S. BUILDING
OPP. MAHARAJA'S COLLEGE GROUND, NEAR METRO
PILLAR 697, M G ROAD
ERNAKULAM, PIN - 682011
2 THE BRANCH MANAGER,
STATE BANK OF INDIA, THRISSUR- CIVIL STATION,
2025:KER:3571
WP(C) Nos.21727 & 42636 of 2024
3
KPS TOWERS, FIRST FLOOR,
AYYANTHOLE GROUND JUNCTION,
AYYANTHOLE P O, THRISSUR, PIN - 680003
SRI. JAYESH MOHAN KUMAR (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2025, ALONG WITH WP(C).21727/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3571
WP(C) Nos.21727 & 42636 of 2024
4
JUDGMENT
Dated this the 17th day of January, 2025 Counsel for the petitioners seeks leave to withdraw the writ petitions.
2. It is seen that the petitioners have approached this Court and obtained an interim order in W.P.(C) No.42636 of 2024 staying the sale on condition that the petitioner shall remit certain amounts.
3. Standing Counsel submitted that no amounts have been paid as per the interim order dated 11.12.2024. Extension petition for payment was also filed by the petitioner and yet the amounts are not paid.
In the afore circumstances, the writ petitions are dismissed with cost of ₹2,000/- in each writ petition, payable to the Standing Counsel for the Bank.
Sd/-
N.NAGARESH JUDGE hmh 2025:KER:3571 WP(C) Nos.21727 & 42636 of 2024 5 APPENDIX OF WP(C) 21727/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN AGREEMENT DATED 29.01.2013 Exhibit P2 TRUE COPY OF THE SCHEDULE OF CHARGES FOR PSB LOANS DATED 08.02.2013 Exhibit P3 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 03.06.2024 SUBMITTED BEFORE THE 1ST RESPONDENT 2025:KER:3571 WP(C) Nos.21727 & 42636 of 2024 6 APPENDIX OF WP(C) 42636/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF POWER OF ATTORNEY DATED 07.11.2012 EXECUTED BY THE PETITIONER IN FAVOUR OF HIS WIFE SUBMITTED BEFORE THE RESPONDENT BANK Exhibit P2 A TRUE COPY OF POWER OF ATTORNEY DATED 08-11-2024 EXECUTED BY THE PETITIONER IN FAVOUR OF HIS WIFE SUBMITTED BEFORE THE COURT FOR FILING CASES Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE DATED 21-08-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 14.11.2024