Southern Field Ventures Pvt. Ltd vs Federal Bank Ltd
2021 Latest Caselaw 10523 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                      WP(C).No.8210 OF 2021(A)


PETITIONER:

              SOUTHERN FIELD VENTURES PVT. LTD.
              REPRESENTED BY ITS MANAGING DIRECTOR, XAVI MANO
              MATHEW, AGED 53 YRS,S/O. LATE JOHN MATHEW, RESIDING
              AT D-10, TAGORE GARDENS, VAZHUTHACUAD,
              THIRUVANANTHAPURAM-695 014

              BY ADVS.
              SRI.P.V.ANIL
              SMT.V.S.LIJA
              SHRI.GOVIND M.G.

RESPONDENT:

              FEDERAL BANK LTD.
              REPRESENTED BY ITS VICE PRESIDENT AND BRANCH HEAD,
              FEDERAL BANK., L.C.R.D THIRUVANANTHAPURAM DIVISION,
              IVTH FLOOR, FEDERAL BANK TOWER, STATUE,
              THIRUVANANTHAPURAM-695 001

              R1 BY ADV. SRI.SUNIL SHANKER, SC
              R1 BY ADV. SMT.K.ARUNDHATHI




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8210 OF 2021(A)                    2



                                 JUDGMENT

This Writ Petition is filed seeking the following reliefs:

A. To issue a writ in the nature of mandamus directing the respondent to waive interest on interest, compoind interest/penal interest, delayed payment interest, for the amount involved in Ext.P12, in the interest of justice.

B. To call for the entire records relating to the Ext.P13 passed by the respondent and to quash the same as Ext.P13 is against the decision rendered by the Apex Court in Small Scale Industrial Manufactures Association (Regd) Vs. Union of India and connected cases-Citation: LL 202 SC 175.

C. To issue a writ in the nature of mandamus directing the respondent for grant of enlargement of time, in the form of 15 equal monthly installments, for the balance amount of Rs.3,60,00,000/- (Rupees Three Crores Sixty Lakhs only) involved in Ext.P13, in the interest of justice.

Heard the learned counsel appearing for the petitioner as well as Sri.

Sunil Shankar the learned counsel appearing for the respondents. It is

already settled by a series of judgments including Federal Bank Ltd v

Sagar Thomas & others [(2003) 10 SCC 733] that the Writ Petition will not

lie against the Federal Bank. Even the reliefs sought for do not show that

there is any public element involved in the matter.

Therefore, the Writ Petition is dismissed without prejudice to the right

of the petitioner to approach the appropriate forum.

Sd/-

(P.V.ASHA, JUDGE)

rps/

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 LOAN SANCTION LETTER ISSUED BY THE CHIEF MANAGER OF THE RESPONDENT

EXHIBIT P2 TRUE COPY OF THE ORDER OF CUSTODIAN DATED 05.01.2016

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 23.08.2017 IN WPC 32107/16 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM

EXHIBIT P4 TRUE COPY OF THE REVISED GAZETTE NOTIFICATION DATED 19.02.2019

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 08.07.2019 SENT BY THE PETITIONER TO THE RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 25.07.2019 SENT BY THE PETITIONER TO THE RESPONDENT

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 22.08.2019 SENT BY THE RESPONDENT TO THE PETITIONER

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 05.09.2019

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 24.09.2019 SENT BY THE RESPONDENT TO THE PETITIONER

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 30.11.2019 SENT BY THE PETITIONER TO THE RESPONDENT

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 09.01.2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENT

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 04.03.2020 HANDED OVER TO THE PETITIONER, ON 21.03.2020 BY THE RESPONDENT

EXHIBIT P13 TRUE COPY OF THE LETTER DATED 17.03.2021 SENT BY THE RESPONDENT WHICH WAS RECEIVED BY THE PETITIONER

EXHIBIT P14 TRUE COPY OF THE JUDGMENT REPORTED IN SMALL SCALE INDUSTRIAL MANUFACTURES ASSOCIATION (REFD) VS UNION OF INDIA AND CONNECTED CASES-CITATION LL 2021 SC 175