IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 7233 OF 2022
PETITIONERS:
1 M/S GETZ SHOPPE AND EXIM PVT LTD.,
REGD. OFFICE AT BLDG. NO.1/48,
KALATHIL HOUSE, CARMEL JUNCTION,
THANNEERMUKKOM SOUTH,
PERUMTHURUTHU MURIYIL, MUHAMMA,
ALAPPUZHA - 688525,
REPRESENTED BY THE MANAGING DIRECTOR,
MR. K.SANTHOSH KUMAR.
2 MR. K.SANTHOSH KUMAR,
MANAGING DIRECTOR,
M/S. GETZ SHOPPE EXIM PVT.LTD,
REGD.OFFICE BLDG. NO.1/48,
KALATHIL HOUSE, CARMEL JUNCTION,
THANNEERMUKKOM SOUTH,
PERUMTHURUTHU MURIYIL, MUHAMMA,
ALAPPUZHA - 688525.
BY ADV I.S.LAILA
RESPONDENTS:
1 THE AUTHORISED OFFICER & DY VICE PRESIDENT.
FEDERAL BANK LTD, ERNAKULAM DIVISION,
GROUND FLOOR, FEDERAL TOWERS,
MARINE DRIVE, ERNAKULAM - 682031
2 THE BRANCH MANAGER,
FEDERAL BANK LTD, NORTH BRANCH,
ERNAKULAM
BY ADV SUNIL SHANKER,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.7233/22 -:2:-
BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(C) No.7233 of 2022
---------------------------------
Dated this the 20th day of May, 2022
JUDGMENT
Though the petitioners failed to comply with the condition imposed in the interim order dated 04.03.2022, learned Standing Counsel for the respondent bank, upon instructions, submitted that the sale scheduled to be held on 20.05.2022 (today) as per Ext.P15, will not take place due to absence of bidders.
2. Further, pursuant to the interim order dated 04.03.2022, petitioners had submitted a proposal for settlement as Ext.P13, which is stated to have been rejected by the respondents. The aforesaid submissions are recorded.
In view of the above, nothing further survives for consideration in this writ petition. Therefore, reserving the liberty of the petitioners to pursue appropriate remedies as and when cause of action arises, this writ petition is closed.
Sd/-
BECHU KURIAN THOMAS JUDGE vps W.P.(C) No.7233/22 -:3:- APPENDIX OF WP(C) 7233/2022 PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF LETTER OF THE PETITIONER ENTRUSTING MORTGAGES FOR THE CASH CREDIT SANCTION DATED 28.07.2016.
EXHIBIT P2 TRUE COPY OF THE DESCRIPTION OF THE PROPERTY MORTGAGED FOR AVAILING CASH CREDIT IN 2016.
EXHIBIT P3 TRUE COPY OF THE DESCRIPTIONS OF PROPERTIES MORTGAGED FOR AVAILING CASH CREDIT IN 2017 & 2018.
EXHIBIT P3(a) TRUE COPY OF THE SANCTIONS OF CASH CREDIT LOAN AVAILED ON 2017.
EXHIBIT P3(b) TRUE COPY OF THE SANCTIONS OF CASH CREDIT LOAN AVAILED ON 2018.
EXHIBIT P4 THE TRUE COPY OF THE NOTICE U/S. 13(2) ISSUED BY THE RESPONDENT BASED ON SARFAESI ACT DATED 31.07.2019.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE SAID WRIT PETITION (C) NO. 27074 OF 2019.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT AND FINAL
ORDER OF THIS HON'BLE COURT ON
11.10.2019.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED
19.11.2019 OF THIS HON'BLE COURT IN WRIT PETITION NO. 29804 OF 2019.
EXHIBIT P8 TRUE COPY OF THE STATUS OF OA NO. 361 OF 2020 BEFORE DRT EKM FROM THE WEBSITE. EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 01.02.2021 U/S. 13(2) OF THE SARFAESI ACT.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 07.01.2022 ISSUED BY THE RESPONDENT BANKS UNDER SECTION 13(4) OF THE SARFAESI ACT AGAINST EXT.P2.
EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 16.02.2022 ISSUED BY THE RESPONDENT BANKS UNDER W.P.(C) No.7233/22 -:4:- SECTION 13(4) OF THE SARFAESI ACT AGAINST EXT.P3.
EXHIBIT P12 TRUE COPY OF THE SALE INTIMATION NOTICE UNDER SARFAESI ACT DATED 21.02.2022. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 13.5.2022 THUS SUBMITTED BY THE BEFORE THE RESPONDENT BANK EXHIBIT P14 TRUE COPY OF THE REJECTION LETTER DATED 17.5.2022 THUS ISSUED BY THE RESPONDENTS EXHIBIT P15 TRUE COPY OF THE SALE NOTICE DATED 6.4.2022 ISSUED BY THE RESPONDENT