M/S.Sha Trading Company vs The Branch Manager
2021 Latest Caselaw 6481 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.2820 OF 2021(B)


PETITIONER:

              M/s.SHA TRADING COMPANY
              (PARTNERSHIP FIRM) DOOR NO.1/322/1, PRIYADARSHINI
              NAGAR, PARAVATTANY, THRISSUR 680 005 REPRESENTED BY
              ITS MANAGING PARTNER MR. MUHAMMED SHINAS.

              BY ADV. SMT.K.LATHA

RESPONDENT:

              THE BRANCH MANAGER
              SOUTH INDIAN BANK, REGIONAL OFFICE, THRISSUR,
              PLATINUM JUBILEE BUILDING, CIVIL LANE ROAD,
              AYYANTHOLE, TRISSUR 680 003


OTHER PRESENT:

              SRI.SUNI SHANKAR, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.2820/2021               2


                             JUDGMENT

Dated this the 23rd day of February 2021

By order dated 17.02.2021, this writ petition was adjourned

in order to enable the petitioner to approach the learned Debts

Recovery Tribunal in the matter. It is reported that the petitioner

has already filed the securitisation application before the learned

Debts Recovery Tribunal, Ernakulam which is now pending

consideration before the said authority.

2. Learned Standing Counsel appearing for respondent-Bank

submits that the sale which was proposed to be held today could

not be materialised for want of bids.

Since the petitioner has already availed alternate remedy,

this writ petition stands disposed of.

Sd/-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE BANK LOAN SANCTION LETTER DATED 27-04-2018 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER FIRM

EXHIBIT P2 THE TRUE COPY OF THE TENDER CUM AUCTION NOTICE DATED 13-1-2021 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE APPEAL FEES RECEIPT OF RS.39,605/- IN BHARATKOSH PORTAL DTD.19.02.2021 PAID BY THE PETITIONER. EXHIBIT P3A THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL-2 ERNAKULAM AGAINST THE EXHIBIT P2 TENDER CUM AUCTION NOTICE. EXHIBIT P3B TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN THE EXHIBIT P3A APPEAL SEEKING STAY AGAINST THE EXHIBIT P2 TENDER CUM AUCTION NOTICE.

RESPONDENTS' EXHIBITS: NIL

True Copy

P.S to Judge

smp