Disposed

Narayanan Nair v. the South Indian Bank Ltd.

Kerala HC5 Jan 2024WP(C)/197/2024

Case brief

AI extract

What is this about?

Petitioner feared his property would be seized in execution of securitisation proceedings against the third respondent borrower. The bank's standing counsel stated the petitioner's property was clearly demarcated and would not be taken possession of. Recording this submission, the court disposed of the writ petition without any mandatory orders.

What the court decided

AI extract

Narayanan Nair Vs the South Indian Bank Ltd. — Banking and Recovery | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

FRIDAY, THE 5^TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945

¶5

WP(C) NO. 197 OF 2024

¶6

AGAINST THE ORDER/JUDGMENT MC 619/2022 OF CHIEF JUDICIAL MAGISTRATE ,KOTTAYAM

¶7

PETITIONER:

¶8

NARAYANAN NAIR AGED 75 YEARS, S/O. VELAYUIDAN NAIR, THARAPPEL HOUSE, KADAPPOOR, VATTUKULAM P.O, KANAKKARI VILLAGE, MEENACHI TALUK, KOTTAYAM DISTRICT., PIN – 686587.

¶9

BY ADVS. SABU THOZHUPPADAN ANTONY VARGHESE BIJU THOZHUPPADAN ASHNA ALOYSIUS P. FATHIMA H P

¶10

RESPONDENTS:

¶11

1 THE SOUTH INDIAN BANK LTD. REGIONAL OFFICE AT REGENCY SQUARE, K.K ROAD, COLLECTORATE P.O, PIN - 686002 REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER SRI JOSE MATHEW.

¶12

2 FOTTON PAINTS PVT. LTD. 6/225A, THARAPPEL BUILDING, VATTUKULAM P.O, KADAPPOR, KOTTAYAM, PIN – 686587. REPRESENTED BY ITS MANAGING DIRECTOR M.S.PRASAD.

¶13

3 GOPINATHAN NAIR T.V @ RAVEENDRAN NAIR AGED 83 YEARS, S/O. VELAYUDHAN NAIR, THARAPPEL HOUSE, KADAPPOOR, VATTUKULAM P.O, KOTTAYAM DISTRICT., PIN – 686587.

¶14

W.P.(C) No.197 of 2024

¶15

:2:

¶16

4 M S PRASAD AGED 55 YEARS, S/O. SIVARAMAN NAIR, KRISHNA NIVAS, KODIMATHA P.O, KOTTAYAM., PIN – 686013.

¶17

5 JOHN ZACHARIA

¶18

AGED 51 YEARS, S/O. ZACHARIA, KALAMBUKKATTU HOUSE, PUTHUPPALLY, ERAVINALLOR P.O, KOTTAYAM PIN – 686011.

¶19

6 RAJESH T G AGED 48 YEARS, S/O RAVINDRAN NAIR, THARAPPEL HOUSE, ELACKAD VATTUKULAM P.O, KOTTAYAM DISTRICT., PIN – 686587.

¶20

7 ABHILASH C.S AGED 42 YEARS, C/O HIMA ABHILASH, CHERUVUKALAYIL HOUSE, PERUMBALKKAD P.O, KOTTAYAM DISTRICT., PIN – 686016.

¶21

8 ANSON THOMAS

¶22

AGED 49 YEARS, S/O THOMAS, ALUMNKAL KAROTTU HOUSE, CHIRAKKADAVU, PONKUNNAM, P O KOTTAYAM PIN – 686506.

¶23

9 ADV. ARCHANA C NAIR MUNDAMATTOM BUILDING,COLLECTRATE P.O, KOTTAYAM., PIN – 686002.

¶24

BY ADV.SRI.MOHAN JACOB GEORGE [FOR R1]

¶25

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶26

W.P.(C) No.197 of 2024

¶27

:3:

¶28

J U D G M E N T

¶29

Dated this the 5^th day of January, 2024

¶30

The apprehension of the petitioner is that the petitioner's property situated in Survey Nos.322/1 and 322/13 situated in Kanakkary Village of Meenachil Taluk in Kottayam District, is likely to be taken possession of by the respondents in execution

¶31

of the Securitisation proceedings taken by them against the 3^rd respondent.

¶32

Standing Counsel entered appearance and submitted

¶33

that the writ petition is collusive in nature and is intended to prolong the recovery proceedings. The Standing Counsel submitted that the property of the borrower is clearly demarcated

¶34

and the respondents have no intention to take possession of the property of the petitioner.

¶35

W.P.(C) No.197 of 2024

¶36

:4:

¶37

In view of the specific stand taken by the respondents, I do

¶38

not find it necessary to pass any mandatory orders in the writ

¶39

petition. Recording the submission made by the Standing Counsel, the writ petition is disposed of.

Sd/-

N. NAGARESH

JUDGE

ams

W.P.(C) No.197 of 2024

¶45

:5:

¶46

APPENDIX OF WP(C) 197/2024

¶47

PETITIONER EXHIBITS

¶48

Exhibit P1 TRUE COPY OF M.C NO.619/2022 OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM. Exhibit P2 TRUE COPY OF TAX RECEIPT NO.05040509578/2023 DATED 25/08/2023 ISSUED IN THE NAME OF PETITIONER IN RESPECT OF SUBJECT PROPERTIES FROM KANAKARI VILLAGE OFFICE. Exhibit P3 TRUE COPY OF LOCATION SKETCH RELATING TO THE PROPERTY MORTGAGED BY 3RD RESPONDENT WITH 1ST RESPONDENT BANK. Exhibit P4 TRUE COPY OF ORDER DATED 16/11/2022 IN M.C. NO. 619/2022 OF CJM COURT, KOTTAYAM. Exhibit P4 (a) READABLE COPY OF ORDER DATED 16/11/2022 IN M.C. NO. 619/2022 OF CJM COURT, KOTTAYAM. Exhibit P5 TRUE COPY OF PLAINT IN O.S.NO.174/2023 OF MUNSIFF'S COURT, ETTUMANOOR. Exhibit P6 TRUE COPY OF SURVEY SKETCH PREPARED BY AJESH P.K. EX -TALUK SURVEYOR LICENSE NO.53/2023 SHOWING THE LIE OF SUBJECT PROPERTIES . Exhibit P6 (a) TRUE COPY OF EXHIBIT-P6 SPECIFICALLY MENTIONING THE PORTION OF HOUSE AND FACTORY BUILDING CONSTRUCTED IN SUBJECT PROPERTY ITEM NO. 1 IN GREEN SHADES. Exhibit P7 TRUE COPY OF SURVEY SKETCH PREPARED BY AJESH P.K. EX -TALUK SURVEYOR LICENSE NO. 53/2023 SHOWING THE LIE OF SUBJECT PROPERTIES ALONG WITH THE PROPERTY OF 3RD RESPONDENT UNDER THE PROCEEDINGS FOR RECOVERY AS PER THE ORDER IN M.C

¶49

W.P.(C) No.197 of 2024

¶50

:6:

¶51

Exhibit P8

¶52

NO.619/2022 OF CJM COURT, KOTTAYAM. TRUE PRINT COPY OF E-COURT PROCEEDINGS DATED 30/12/2023 OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM.

Narayanan Nair v. the South Indian Bank Ltd.

Case brief

What is this about?

What the court decided

Narayanan Nair v. the South Indian Bank Ltd.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mimoonath. Vs the Secretary, the Regional Transport Authority

Shajahan Vs The Secretary, Regional Transport Authority

Kunhipocker Vs the Manjeri Urban Co-Operative Bank Limited

R. Sreekumaran Nair Vs State Bank of India

Naisam K.A. Vs the Kottayam Co-Operative Urban Bank Ltd. NO.421

Chandramathy Amma Vs the Chief Manager