Universal Hospital Al Ain Llc vs M/S. Yes Bank Limited
2021 Latest Caselaw 17534 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE A.M.BADAR
     THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                      WP(C) NO. 17046 OF 2021
PETITIONERS:

      1      UNIVERSAL HOSPITAL AL AIN LLC,
             THROUGH ITS DIRECTOR, DR. SHABEER NELIKODE,
             PLOT NO.90, SECTOR NO. E 19-2, NAHAYAN VILLA,
             EMIRATE OF ABU DHABI, UNITED ARAB EMIRATES
             PRESENTLY RESIDING AT B-93, DEFENCE COLONY,
             NEW DELHI-110024.
      2      UNIVERSAL HOSPITAL LLC,
             THROUGH ITS DIRECTOR, DR. SHABEER NELIKODE,
             PLOT NO.90, SECTOR NO. E 19-2, NAHAYAN VILLA,
             EMIRATE OF ABU DHABI, UNITED ARAB EMIRATES
             PRESENTLY RESIDING AT B-93, DEFENCE COLONY,
             NEW DELHI-110024.
      3      DR. SHABEER NELLIKODE,
             AGED 46 YEARS
             S/O. HASHIM POKKIANARI, PLOT NO.90,
             SECTOR NO. E-19-2, NAHAYAN VILLA,
             EMIRATE OF ABU DHABI, UNITED ARAB EMIRATES
             PRESENTLY RESIDING AT B-93, DEFENCE COLONY,
             NEW DELHI-110024.
             BY ADV HARIKUMAR G. NAIR
             BY ADV AKHIL SURESH

RESPONDENT:

             M/S. YES BANK LIMITED,
             IFSC BANKING UNIT, UNIT NO. 901, 13-B,
             HIRANANDANI SIGNATURE BUILDING, GIFT-SEZ,
             GIFT CITY, GANDHINAGAR-682355,
             REPRESENTED BY MR. SANJAY NAMBIAR,
             GROUP PRESIDENT AND GENERAL COUNSEL, YES BANK.

             BY SMT. GIRIJA K. GOPAL, STANDING COUNSEL
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.08.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.17046 OF 2021
                                         2



                                  JUDGMENT

Dated this the 26th day of August 2021 Heard the learned counsel appearing for

petitioners. He submits that the contractual

matter involved in the instant case requires that

the petition be entertained by this Court and not

by the regular remedy prescribed by the statute.

2. I have considered the submissions so

advanced. Petitioners are challenging the steps

taken by the secured creditor under the SARFAESI

Act. In the light of judgment of the Hon'ble

Supreme Court in Authorized Officer, State Bank of

Travancore and another v. Mathews K.C. (2018(1) KLT

784), the petition as framed and filed is not

maintainable as the petitioners has alternate,

efficacious and statutory remedy in the matter.

In the result, the writ petition is

dismissed.

After passing of this order, the learned

counsel for the petitioners prays that the interim WP(C) NO.17046 OF 2021

order granted earlier be continued for a week as

the petitioners has already approached the learned

DRT. The interim order passed by this Court

previously directs the petitioners to deposit one

fourth of the outstanding dues to the tune of

Rs.211,00,00,000/- (Two Hundred And Eleven Crores

Only) on or before 25-08-2021 as a condition for

grant of interim relief. That is not complied by

the petitioners and as such there is no point in

continuing the interim order granted earlier.

Hence the prayer to continue the interim order for

a period of one week in order to seek necessary

orders from the DRT is rejected.

Sd/-

A.M.BADAR JUDGE SSK/26/08 WP(C) NO.17046 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE IMPUGNED NOTICE DATED AUGUST 09, 2021.

Exhibit P2 A COPY OF THE STATEMENT OF ACCOUNTS OF THE PETITIONER NO.1.

Exhibit P3 TRUE COPY OF E MAIL DATED AUGUST 30, 2019 SENT BY STATE BANK OF MAURITIUS TO PETITIONER NO.1. Exhibit P4 A COPY OF THE LETTER DATED SEPTEMBER 19, 2019 ISSUED BY THE RESPONDENT TO THE PETITIONER NO.

1. Exhibit P5 A COPY OF THE LETTER DATED NOVEMBER 6, 2019 ISSUED BY THE RESPONDENT TO THE PETITIONERS. Exhibit P6 A COPY OF THE NOTICE UNDER SECTION 13(2) DATED FEBRUARY 1, 2020 ISSUED BY THE RESPONDENT TO THE PETITIONERS.

Exhibit P7 TRUE COPY OF NOTICE UNDER SECTION 13(4) OF THE SARFAESI ACT DATED SEPTEMBER 11, 2020 ISSUED BY THE RESPONDENT TO THE PETITIONERS. Exhibit P8 A COPY OF THE REPLY OF THE REPRESENTATION SENT BY THE PETITIONERS DATED SEPTEMBER 30, 2020. Exhibit P9 A COPY OF THE REPLY SENT BY THE RESPONDENT DATED OCTOBER 13, 2020.

Exhibit P10 A COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONERS DATED AUGUST 14, 2020 SENT VIDE EMAIL DATED SEPTEMBER 18, 2020. Exhibit P11 TRUE COPY OF THE EMAIL DATED JULY 3, 2020. Exhibit P12 A COPY OF THE EMAIL DATED OCTOBER 2, 2020, ALONG WITH A COPY OF THE REPLY DATED OCTOBER 1, 2020.

Exhibit P13 A COPY OF THE LETTER DATED AUGUST 11, 2021 SENT BY THE PETITIONERS THROUGH THEIR COUNSEL. Exhibit P14 A COPY OF THE REPLY DATED AUGUST 12, 2021 SENT BY THE RESPONDENT TO THE COUNSEL OF THE PETITIONERS.

RESPONDENT'S EXHIBITS:NIL


SSK                 //TRUE COPY//              PA TO JUDGE