Kunnumpurathu Group Of Business ... vs State Bank Of India
2021 Latest Caselaw 21094 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                       WP(C) NO. 19544 OF 2021
PETITIONERS:

    1     KUNNUMPURATHU GROUP OF BUSINESS PVT LTD.
          SHIVA THEJAS, THONNAKKAL, KADAVOOR P. O.,
          THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
          DIRECTOR JITHIN RAJ.

    2     JITHIN RAJ
          MANAGING DIRECTOR, KUNNUMPURATHU GROUP OF BUSINESS PVT
          LTD., SHIVA THEJAS, THONNAKKAL, KADAVOOR P. O.,
          THIRUVANANTHAPURAM.

          BY ADVS.
          C.K.PAVITHRAN
          NEENU PAVITHRAN



RESPONDENTS:

    1     STATE BANK OF INDIA
          STRESSED ASSETS RECOVERY BRANCH, LMS COMPOUND, OPP.
          MUSEUM WEST GATE, VIKAS BHAVAN P. O.,
          THIRUVANANTHAPURAM,             PIN - 695 033,
          REPRESENTED BY ITS CHIEF MANAGER.

    2     CHIEF MANAGER
          STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH,
          LMS COMPOUND, OPP. MUSEUM WEST GATE, VIKAS BHAVAN P.
          O., THIRUVANANTHAPURAM, PIN - 695 033.

          BY ADV.JITHESH MENON, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19544 OF 2021
                                      2



                      BECHU KURIAN THOMAS, J.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                      W.P.(C) No.19544 of 2021
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 20th day of October, 2021

                                JUDGMENT

Adv.Jithesh Menon, the learned counsel for the respondent

invites my attention to the order dated 20.09.2021.

2. Learned counsel submits that though there were conditions

imposed by this Court while directing deferment of the sale, petitioners

have failed to comply with the said conditions. Since the conditions have

not been complied with and the order itself stipulates that the Bank shall

be entitled to proceed in accordance with law, if there is any default, I am

of the view that nothing further remains to be considered in this writ

petition.

In view of the non-payment of amounts as directed in the order

of this Court dated 20.09.2021, petitioner is not entitled for the benefit of

exercise of the discretionary remedy of this Court under Article 226 of the

Constitution of India.

The writ petition is therefore dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 19544 OF 2021

APPENDIX OF WP(C) 19544/2021

PETITIONERS' EXHIBITS :

Exhibit P1 TRUE COPY OF NOTICE DATED 20.06.2020 ISSUED UNDER SECTION 13(4) OF THE ACT.

Exhibit P2 TRUE COPY OF NOTICE DATED 09.08.2021.

RESPONDENTS EXHIBITS    :        NIL