M/S Ansu Enterprises Private Ltd vs Consortium Of Banks Led By Union ...
2022 Latest Caselaw 11157 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944
                        WP(C) NO. 38649 OF 2022
PETITIONER/S:

          M/S ANSU ENTERPRISES PRIVATE LTD
          FORMERLY, M/S ANSU ENTERPRISES),
          NO 14, SREENAGAR, MANACAUD P.O,
          THIRUVANANTHAPURAM - 695 009,
          REPRESENTED BY ITS MANAGING DIRECTOR, K.VENUGOPALAN
          NAIR,
          AGED 66, S/O KRISHNA PILLAI,
          CHITHIRAMVEEDU, T.C 25/1497, THENGUVILAKOM,
          SS KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM
          , PIN - 695001
          BY ADV S.SUJIN


RESPONDENTS:

    1     CONSORTIUM OF BANKS LED BY UNION BANK OF INDIA
          ERNAKULAM BRANCH, UNION BANK BHAVAN, GROUND FLOOR, M.G
          ROAD, KOCHI - 682 035, KERALA STATE, REPRESENTED BY ITS
          GENERAL MANAGER AND POWER OF ATTORNEY HOLDER, PIN -
          682035
    2     GOVERNMENT OF INDIA, MINISTRY OF FINANCE
          REPRESENTED BY ITS SECRETARY
          DEPARTMENT OF ECONOMIC AFFAIRS,
          BOARD OF INDUSTRIAL AND FINANCIAL RECONSTRUCTION,
          JAWAHAR VYAPAR BHAWAN,I,
          TOLSTOY MARG, NEW DELHI
          , PIN - 110001
          BY ADVS.
          A.KEVIN THOMAS
          A.V.THOMAS (SR.)(T-49)
          NIDHI SAM JOHNS(K/211/2005)
          LIJO JOSEPH (THOPPIL)(K/000537/2013)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38649 OF 2022
                                       2

                      BECHU KURIAN THOMAS, J.
                 ========================
                       W.P.(C) No. 38649 of 2022
                 ========================
                Dated this the 1st day of December, 2022



                               JUDGMENT

Petitioner challenges Ext.P2 E-auction notice scheduling the

sale to 30-11-2022. The learned Senior Counsel Sri.A.V Thomas

duly instructed by Sri.A.Kevin Thomas, learned counsel for the 1 st

respondent submitted that the auction as scheduled did not take

place due to absence of bidders.

2. The learned Senior Counsel for the petitioner

Sri.N.N.Sugunapalan duly instructed by Sri.A.B. Mohana Kumar

submitted that petitioner does not wish to pursue this writ petition

any further.

Accordingly, this writ petition is dismissed as withdrawn.

BECHU KURIAN THOMAS JUDGE AJM/5/11/22 WP(C) NO. 38649 OF 2022

APPENDIX OF WP(C) 38649/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF E - AUCTION NOTICE DATED 22-09-2022 WHICH IS PROPOSED TO TAKE PLACE ON 28-10-2022 Exhibit2 TRUE COPY OF E-AUCTION NOTIFICATION DATED 03/11/2022 PUBLISHED IN THE MALAYALA MANORAMA NEWSPAPER DATED 06/11/2022. Exhibit P3 TRUE COPY OF KERALA GAZETTE NOTIFICATION DATED 30-03-2022 SHOWING FAIR VALUE OF LAND COMPRISED IN SURVEY NO 843 OF ERNAKULAM VILLAGE Exhibit P4 TRUE COPY OF THE PREVIOUS FAIR VALUE NOTIFICATION DATED 31-03-2020. Exhibit P5 TRUE COPY OF THE LIST OF PROPERTIES ALREADY TAKEN OVER BY THE BANKING CONSORTIUM AND SOLD IN PUBLIC AUCTION, SHOWING THE PROCEEDS FROM SUCH SALES, AMOUNTING TO 379.09 CRORES.

Exhibit P6 TRUE COPY OF ONE TIME SETTLEMENT PROPOSAL TO REMIT RS. 88 CRORE, DATED 05-01-2021

//TRUE COPY//

PA TO JUDGE