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Kerala High Court
M/S. Parthas Textiles vs Asset Reconstruction Company (India) ... on 21 May, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
OP (DRT) No.370/2023 1/3 Order Date : 21-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
OP (DRT) NO. 370 OF 2023
SA 519/2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS:
1. M/S. PARTHAS TEXTILES, P.B.NO.1774, M.G.ROAD, KOCHI-682016,
REPRESENTED BY ITS MANAGING PARTNER, PRAVEEN RAJ RAJENDRAN.
2. PRAVEEN RAJ RAJENDRAN, S/O. K.RAJENDRAN, PARTHAS HOUSE, M.G.ROAD,
ERNAKULAM, PIN - 682016
RESPONDENT:
ASSET RECONSTRUCTION COMPANY (INDIA) LTD. (ARCIL), THE RUBY, 10TH
FLOOR, 29, SENAPATI BAPAT MARG, DADAR (WEST), MUMBAI-400026 (ACTING
IN ITS CAPACITY AS TRUSTEE OF THE ARCIL - SBPS-008-III-TRUST),
REPRESENTED HEREIN BY ITS AUTHROISED OFFICER, MR.SRINIVASA YEKABOTE.
Op (debt recovery tribunal) praying inter alia that in the
circumstances stated in the affidavit filed along with the OP (DRT) the
High Court be pleased to stay all further proceedings pursuant to exhibit
p3 during the pendency of the op(drt) in the interest of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP (DRT) and this Court's order
dated 22.03.2024 and upon hearing the arguments of M/S. GEORGE
POONTHOTTAM (SR.) & K.V.SREE VINAYAKAN, Advocates for the petitioner and
of M/S. SUNIL SHANKAR A & VIDYA GANGADHARAN Advocates for the respondent,
the court passed the following:
OP (DRT) No.370/2023 2/3 Order Date : 21-05-2024
N. NAGARESH, J.
----------------------------
O.P. (DRT) No.370 of 2023
--------------------------------------------------
Dated this the 21st day of May, 2024
ORDER
Interim order is extended for a period of two weeks.
Post on 11.06.2024.
Sd/-
N. NAGARESH JUDGE AMR OP (DRT) No.370/2023 3/3 Order Date : 21-05-2024 APPENDIX OF OP (DRT) 370/2023 Exhibit P1 TRUE COPY OF THE ORDER IN I.A.2509/2022 IN S.A. 519/2022 DATED 4-11-2022 BEFORE DEBT RECOVERY TRIBUNAL- I, ERNAKULAM Exhibit P2 TRUE COPY OF THE JUDGMENT IN O.P(DRT) 441/2022 DATED 15-06-2023 Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 03-06-2023 Exhibit P4 TRUE COPY OF THE I.A.NO.1311/2023 IN S.A.519/2022 BEFORE THE DEBT RECOVERY TRIBUNAL-I, Exhibit P5 TRUE COPY OF THE I.A.NO.2010/2023 IN S.A.519/2022 BEFORE THE DEBT RECOVERY TRIBUNAL-I, ERNAKULAM Exhibit P6 TRUE COPY OF THE COMMON ORDER IN I.A.NO.1311/2023 & I.A.NO.2010/2023 IN S.A.519/2022 BEFORE THE DEBT RECOVERY TRIBUNAL-I, ERNAKULAM DATED 07-07-2023 Exhibit P7 TRUE COPY OF THE AMENDED SECURITIZATION APPLICATION AS SA.519/2022 Exhibit P8 TRUE COPY OF THE ASSIGNMENT AGREEMENT BETWEEN SOUTH INDIAN BANK AND ASSET RECONSTRUCTION COMPANY (INDIA) LTD DATED 28-09-2021