M/S Hotel Seagate vs J.M.Financial Assets ...

Citation : 2022 Latest Caselaw 8550 Ker
Judgement Date : 6 July, 2022

Kerala High Court
M/S Hotel Seagate vs J.M.Financial Assets ... on 6 July, 2022
WP(C) No.3892/2021                              1/2




                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                         THE HONOURABLE MR. JUSTICE GOPINATH P.
             Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
                    IA.NO.1/2022 IN WP(C) NO. 3892 OF 2021(J)
                OA 531/2015 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM,
   PETITIONERS/PETITIONERS:

      1. M/S HOTEL SEAGATE (FORMERLY M/S K. C. THOMAS AND CO.), PATHADIPALAM,
         SOUTH KALAMASSERY, ERNAKULAM - 683104, REPRESENTED BY ITS MANAGING
         PARTNER MR. K. T. MATHEW.
      2. K. T. MATHEW, S/O. K. M. THOMAS, MANAGING PARTNER, M/S HOTEL
         SEAGATE, KATTIVEETIL HOUSE, PERAVOOR ROAD, IRITTY P.O., KANNUR -
         670703.
      3. NISHAD MATHEW, S/O. K. T. MATHEW, PARTNER, M/S HOTEL SEAGATE, 2B,
         SKYLANE GATE WAY, SOUTH KALAMASSERY, ERNAKULAM - 683104.
      4. MALABAR PLANTATIONS, HAVING ITS OFFICE AT CHUZHAIL, TALIPARAMBA
         TALUK, KANNUR DISTRICT - 674101, REP. BY ITS MANAGING PARTNER, MR.
         K. T. MATHEW
      5. LEELAMMA MATHEW, W/O. K. T. MATHEW, KATTIVEETIL HOUSE, PERAVOOR
         ROAD, IRITTY P. O., KANNUR - 670 703.

   RESPONDENTS/RESPONDENTS:

      1. J.M.FINANCIAL ASSETS RECONSTRUCTION COMPANY PVT. LTD., HAVING ITS
         REGISTERED OFFICE AT : VII FLOOR, CNERGY, APPASAHEB, MARATHE MARG,
         PRABHADEVI, MUMBAI - 400025.
      2. THE DEBT RECOVERY APPELLATE TRIBUNAL, 4TH FLOOR, INDIAN BANK CIRCLE
         OFFICE, NO.55, ETHIRAJ SALAI, CHENNAI-1, REPRESENTED BY ITS
         REGISTRAR.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to extend the period
   fixed for deposit of 20 lakhs as ordered in the Judgment dated 8-6-2022
   by a further period of 1 week from 2-7-2022.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and this Court's judgment
   dated 8-6-2022 in WP(C) and upon hearing the arguments of M/S.S.EASWARAN &
   K.V.RAJESWARI, Advocates for the petitioners in IA/WP(C) and of M/S.SUNIL
   SHANKER & VIDYA GANGADHARAN, Advocates for respondent 1 in IA/WP(C), the
   court passed the following:
                                      ORDER

Having heard the learned Counsel for the petitioners and the learned Counsel appearing for the first respondent and considering the averments in paragraph 5 of the affidavit filed in support of this interlocutory application, the period fixed for payment of WP(C) No.3892/2021 2/2 Rs. 20,00,000/- in the judgment dated 8-6-2022 will stand extended by a period of one week from 2-7-2022.

                                                     Sd/- GOPINATH P. JUDGE




06-07-2022                       /True Copy/                               Assistant Registrar