Dewa Projects Private Limited vs Union Bank Of India

Citation : 2022 Latest Caselaw 7720 Ker
Judgement Date : 28 June, 2022

Kerala High Court
Dewa Projects Private Limited vs Union Bank Of India on 28 June, 2022
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                          WP(C) NO. 7374 OF 2022
PETITIONER:

              DEWA PROJECTS PRIVATE LIMITED
              REGISTERED OFFICE AT T.C.NO.25/1497, SS.KOVIL ROAD
              THAMPANBOOR, THIRUVANANTHAPURAM, PIN-695 001,
              KERALA STATE, REPRESENTED BY ITS MANAGING DIRECTOR,
              K.VENUGOPALAN NAIR, SON OF KRISHNA PILLAI,
              CHITHIRAM VEEDU, TC 25/1497, THENGUVILAKOM,
              SS KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM,
              KERALA STATE PIN-695 001
              BY ADVS.
              N.N.SUGUNAPALAN (SR.)
              A.B.MOHANAKUMAR
              S.SUJIN


RESPONDENTS:

     1        UNION BANK OF INDIA
              ERNAKULAM BRANCH UNION BANK BHAVAN, GROUND FLOOR,
              M.G ROAD, KOCCHI-682 035, ERNAKULAM DISTRICT,
              KERALA STATE , REPRESENTED BY ITS ASSISTANT GENERAL
              MANAGER AND POWER OF ATTORNEY HOLDER
     2        PUNJAB NATIONAL BANK,
              ASSET RECOVERY MANAGEMENT BRANCH AT CIRCLE OFFICE,
              PNB HOUSE, 2ND FLOOR, 40/1461, MARKET ROAD,
              KOCHI-682 011, ERNAKULAM DISTRICT, REPRESENTED BY ITS
              CHIEF MANAGER AND POWER OF ATTORNEY HOLDER
     3        ANDHRA BANK,
              ERNAKULAM BRANCH, AJAY VIHAR, M.G ROAD, ERNAKULAM ,
              KOCHI-682 016, ERNAKULAM DISTRICT, REPRESENTED BY ITS
              CHIEF MANAGER AND POWER OF ATTORNEY HOLDER
     4        ORIENTAL BANK OF COMMERCE,
              CHITTOOR ROAD BRANCH, SAMUDRA, IYYATTIL JUNCTION,
              ERNAKULAM ,PIN-682 011, ERNAKULAM DISTRICT,
              KERALA STATE , REPRESENTED BY ITS SENOR MANAGER & POWER
              OF ATTORNEY HOLDER
 WP(C) NO.7374 OF 2022
                                     2

    5          INDIAN OVERSEAS BANK,
               ERNAKULAM BRANCH, M,G ROAD,
               OPPOSITE KAVITHA THEATRE, ERNAKULAM DISTRICT, KERALA
               STATE, REPRESENTED BY ITS CHIEF MANAGER & POWER OF
               ATTORNEY HOLDER
    6          CORPORATION BANK,
               ERNAKULAM BRANCH, FIRST FLOOR, RADHAKRISHNA BUILDING,
               CLOTH BAZAR ROAD, ERNAKULAM , KOCHI-682 031,
               ERNAKULAM DISTRICT, KERALA STATE , REPRESENTED BY ITS
               CHIEF MANAGER & POWER OF ATTORNEY HOLDER
    7          ALLAHABAD BANK,
               ERNAKULAM BRANCH, SABY AND CYPRIAN BUILDING,
               R.MADHAVAN NAIR ROAD, ERNAKULAM, KOCHI-682 016,
               ERNAKULAM DISTRICT, KERALA STATE REPRESENTED BY ITS
               CHIEF MANAGER & POWER OF ATTORNEY HOLDER
    8          DENA BANK,
               ERNAKULAM BRANCH, JOS JUNCTION, M.G ROAD, ERNAKULAM,
               KOCHI-682 016, ERNAKULAM DISTRICT, KERALA STATE
               REPRESENTED BY ITS CHIEF MANAGER & POWER OF ATTORNEY
    9          SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA (SIDBI),
               FINANCE TOWER, II FLOOR, KALOOR, KOCHI-682 017,
               ERNAKULAM DISTRICT, KERALA STATE, REPRESENTED BY ITS
               DEPUTY GENERAL MANAGER
    10         EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED
               (EARC),
               EDELWEISS HOUSE, OFFICE, CSY ROAD, KALINA, MUMBAI,
               PIN-4000098, REPRESENTED BY ITS AUTHORISED SIGNATORY
    11         ASSET RECONSTRUCT COMPANY (INDIA) LIMITED (ARCIL),
               THE RUBY, 10TH FLOOR 29, SENAPATI BAPAT MARG BADAR
               (WEST) MUMBAI,PIN-400032, REPRESENTED BY ITS MANAGER
               & POWER OF ATTORNEY HOLDER
               BY ADVS.
               A.V.THOMAS (SR.)
               SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK
               LIJO JOSEPH (THOPPIL)
               NIDHI SAM JOHNS , VIDYA GANGADHARAN
        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   28.06.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.7374 OF 2022
                                  3




                          JUDGMENT

Dated this the 28th day of June, 2022 The learned counsel for the petitioner submits that the Company involved is under IBC proceedings and a Liquidator is in charge of the Company. Hence, the petitioner does not want to prosecute the writ petition.

Accordingly, the writ petition is dismissed as withdrawn.

sd/-

N.NAGARESH JUDGE hmh