Kerala High Court
A K S Cold Storage Ltd vs Reserve Bank Of India on 4 August, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
WA NO. 1644 OF 2025 1 2025:KER:57957
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 1644 OF 2025
AGAINST THE JUDGMENT DATED 24.06.2025 IN WP(C) NO.21471 OF
2025 OF HIGH COURT OF KERALA
APPELLANTS/WRIT PETITIONERS:
1 A K S COLD STORAGE LTD.,
SF NO.43 1 G2, AROOR JUNCTION, AROOR POST, ALAPPUZHA,
KERALA, REPRESENTED BY ITS MANAGING DIRECTOR,
MR. A K S SARAVANAN, AGED 53 YRS, S/O. A K
SUBRAMANIAM, PIN - 688543.
2 MR. A K S SARAVANAN,
AGED 53 YEARS
S/O A K SUBRAMANIAM, RESIDING AT 1-A-1, SARAVANA
ILLAM, MAHADEVAPURAM, CHIKKADASAMPALAYAM VILLAGE,
METTUPALAYAM (TK), COIMBATORE, TAMIL NADU,
PIN - 641305.
BY ADVS.
SRI.T.KRISHNANUNNI (SR.)
SRI.P.JINISH PAUL
SMT.SNEHA V.
RESPONDENTS/RESPONDENTS:
1 RESERVE BANK OF INDIA,
BAKERY JUNCTION ROAD, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, KERALA, REPRESENTED BY ITS
REGIONAL DIRECTOR, PIN - 695033.
WA NO. 1644 OF 2025 2 2025:KER:57957
2 CONSORTIUM OF INDIAN BANK AND CANARA BANK,
REPRESENTED BY THE CHIEF MANAGER OF THE LEADER BANK
(INDIAN BANK), 143 OOTY MAIN ROAD, METUPALAYAM, TAMIL
NADU, PIN - 641301.
3 THE INDIAN BANK LIMITED,
STRESSED ASSETS MANAGEMENT VERTICAL BRANCH, 1ST FLOOR,
NEAR CARMEL GARDEN MHS SCHOOL, PULIAKULAM MAIN ROAD,
COIMBATORE, REPRESENTED BY ITS AUTHORIZED OFFICER,
PIN - 641045
4 CANARA BANK LTD.,
ASSET RECOVERY MANAGEMENT BRANCH, 524, 8TH FLOOR,
CIRCLE OFFICE BUILDING, ANNA SALAI, TEYNAMPET,
CHENNAI- REPRESENTED BY ITS AUTHORISED OFFICER, PIN -
600018.
5 KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPORATION,
KINFRA HOUSE, T.C NO.31/2312, SASTHAMANGALAM,
TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 695010.
BY ADVS.
SRI.BINOY VASUDEVAN, SC, INDIAN BANK
SRI.M.GOPIKRISHNAN NAMBIAR, SC, CANARA BANK
SRI.P.U.SHAILAJAN, SC, KINFRA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.08.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1644 OF 2025 3 2025:KER:57957
JUDGMENT
Anil K. Narendran, J.
The appellants filed W.P.(C)No.21471 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to withdraw all further proceedings against the petitioners under the SARFAESI Act especially against the property admeasuring 1.06 acres in Survey Nos.502/2 and 507/1 situated in Pudussery Central Village, Palakkad Taluk, belonging to the 5 th respondent and all the assets situated therein. The appellants have also sought for a writ of certiorari to quash Ext.P19 possession notice dated 16.05.2025 issued by the 2nd respondent Consortium of Indian Bank and Canara Bank.
2. On 24.06.2025 when that writ petition came up for consideration, the learned Single Judge closed the writ petition. The said judgment reads thus;
"The petitioner challenges Ext.P19, which is the Possession Notice issued by the Bank dated 16.05.2025.
Today, when the matter is taken up, the 3 rd respondent Bank, made available a copy of the proceedings withdrawing the possession notice dated 16.05.2025. Given the above, nothing further is required to be considered in this writ petition. The writ WA NO. 1644 OF 2025 4 2025:KER:57957 petition is accordingly closed without prejudice to the right of the petitioners to challenge the actions of the secured creditor, if the petitioners are aggrieved. All the contentions of the petitioners are left open."
3. Along with I.A.No.1 of 2025, the appellants-writ petitioners have placed on record Annexures 1 to 3 as additional documents, which was followed by I.A.No.2 of 2025, producing therewith Annexures 4 and 5 documents.
4. We heard arguments of the learned Senior Counsel for the appellants, the learned counsel for the 3rd respondent, the learned counsel for the 4th respondent and also the learned Standing Counsel for the 5th respondent.
5. The learned Senior Counsel for the appellants, on instructions from the learned instructing counsel would submit that on 24.06.2025, when the learned counsel for the 3rd respondent Indian Bank Limited handed over a letter dated 20.06.2025 regarding withdrawal of Ext.P19 possession notice dated 16.05.2025 due to technical reasons, it was pointed out before the learned Single Judge that the basic proceedings pursuant to the notice issued under the provisions of the SARFAESI Act, 2002, is still pending against the appellants herein WA NO. 1644 OF 2025 5 2025:KER:57957 and therefore, time was sought to challenge the said notice by amending the writ petition. The arguments advanced by the learned counsel regarding illegal classification of the account as NPA, with specific reference to the grounds raised in the writ petition, were not adverted to by the learned Single Judge while closing the writ petition.
Having considered the aforesaid submissions made by the learned Senior Counsel for the appellants, we are of the view that, the remedy open to the appellants-writ petitioners is to file a review petition before the learned Single Judge, seeking review of the judgment dated 24.06.2025 in W.P.(C)No.21471 of 2025. Without prejudice to the aforesaid right of the appellants, this writ appeal is closed, leaving open the legal and factual contentions raised by both sides.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE DSV/-
WA NO. 1644 OF 2025 6 2025:KER:57957
APPENDIX OF WA 1644/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE WITHDRAWAL LETTER DATED
20.06.2025 ISSUED BY THE 3RD RESPONDENT. Annexure 2 TRUE COPY OF THE SECTION 13(2) NOTICE DATED 26.04.2022 ISSUED BY THE 3RD RESPONDENT Annexure 3 TRUE COPY OF THE SECTION 13(2) NOTICE DATED 02.06.2022 ISSUED BY THE 3RD RESPONDENT Annexure 4 TRUE COPY OF THE REPLY LETTER DATED 22.06.2022 TO ANNEX. 2 TO THE 3RD RESPONDENT. Annexure 5 TRUE COPY OF THE REPLY LETTER DATED 28.07.2022 TO ANNEX. 3 TO THE 4TH RESPONDENT