Bindhu S. Nair, Vs State Bank of India — Kerala HC (2025) — LawSathi Research

Bindhu S. Nair, Vs State Bank of India — Kerala HC (2025) — LawSathi Research

2025:KER:28709

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

WEDNESDAY, THE 2^ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947

WP(C) NO. 9110 OF 2025

PETITIONERS:

1 BINDHU S. NAIR, AGED 52 YEARS, D/O LALITHAMMA B, VISHNU BHAVAN, PLAVILA, PIRAPPANCODE P.O., VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695607

2 LALITHAMMA B., AGED 78 YEARS, D/O. BHARGAVI AMMA, VISHNU BHAVAN, PLAVILA, PIRAPPANCODE P.O., VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695607 BY ADVS. AVM.SALAHUDIN NASRIN WAHAB

RESPONDENTS:

1 STATE BANK OF INDIA, REPRESENTED BY CHIEF MANAGER, LMS COMPOUND, OPP. MUSEUM WEST GATE, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM, PIN – 695033.

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2 AUTHORISED OFFICER, STATE BANK OF INDIA, SARB, LMS COMPOUND, OPP. MUSEUM WEST GATE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033

BY ADV. SRI.JITHESH MENON, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Dated this the 2^nd day of Apri l, 2025

The petitioners have approached this Court seeking the

following reliefs:

“i) To issue a writ of certiorari or any other appropriate writ, order or direction quashing Exts.P1 warrant and Ext.P2 notice in MC 340/2024, Chief Judicial Magistrate Court, Thiruvananthapuram.

ii) To declare that Ext.P1 warrant and Ext.P2 notice are illegal, arbitrary and opposed to principles of natural justice.

iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents to provide a restructuring plan for clearing the outstanding dues instead of taking coercive action.”

The petitioners filed this writ petition when the

1^st respondent-Bank took coercive proceedings for recovery.

The 1^st petitioner had earlier filed W.P.(C) No.5730 of 2024,

wherein this Court has passed an interim order directing the 1^st

petitioner to remit ₹7.5 lakhs and coercive proceedings were

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directed to be deferred for the time being. The 1^st petitioner did not remit the said amount and subsequently has withdrawn the said writ petition. It was dismissed as withdrawn as per judgment dated 17.03.2025.

The petitioners in the meanwhile filed this writ petition and this Court passed an interim order in favour of the petitioners directing that coercive proceedings against the petitioners shall stand deferred till 01.04.2025, if the petitioners remit an amount of ₹15 lakhs within a period of two weeks. It is submitted that the petitioners have not remitted the said amount.

In the facts of the case, I am not inclined to

grant any further relief to the petitioners in this writ petition.

The writ petition is therefore dismissed.

Sd/- N. NAGARESH JUDGE

SR

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APPENDIX OF WP(C) 9110/2025

PETITIONERS' EXHIBITS:

Exhibit-P1 THE TRUE COPY OF THE WARRANT AUTHORIZING COMMISSIONER TO TAKE POSSESSION OF PROPERTY IN MC 340/2024. Exhibit-P2 THE TRUE COPY OF THE NOTICE DATED 01/03/2025 FROM THE ADVOCATE COMMISSIONER.