Kerala High Court
M/S Mor Aboo Cashews vs City Union Bank Limited on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 2746 OF 2022
PETITIONERS:
1 M/S MOR ABOO CASHEWS
AGED 61 YEARS
ATTUPURAM, MYNAGAPPALLY, KOLLAM- 690519 REPRESENTED BY
ITS MANAGING PARTNER, MR. KOSHY VAIDYAN, AGED 61 YEARS,
S/O KUNJU KOSHY VAIDYAN, RESIDING AT XV 624,
SADANATHIL, KADAPPA, MYNAGAPPALLY, KOLLAM
PIN - 690519
2 KOSHY VAIDYAN
AGED 61 YEARS
KUNJU KOSHY VAIDYAN, RESIDING AT XV 624, SADANATHIL,
KADAPPA, MYNAGAPPALLY, KOLLAM- , PIN - 690519
3 ANITHA KOSHY VAIDYAN
AGED 52 YEARS
W/O KOSHY VAIDYAN, RESIDING AT XV 624, SADANATHIL,
KADAPPA, MYNAGAPPALLY, KOLLAM- , PIN - 690519
BY ADVS.
SERGI JOSEPH THOMAS
S.AJAY KUMAR
RESPONDENTS:
1 CITY UNION BANK LIMITED
KOLLAM BRANCH, 46/1022, MAHESWARI MANSION, KOLLAM-
691001, REPRESENTED BY THE BRANCH MANAGER, PIN - 691001
2 THE AUTHORISED OFFICER
CITY UNION BANK LIMITED, NO.24-B, ADMINISTRATIVE OFFICE
GANDHI NAGAR, KUMBAKONAM, TAMIL NADU- , PIN - 612001
3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, INDUSTRIES DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. , PIN -
695001
4 THE GENERAL MANAGER
CANARA BANK & CONVENER, STATE LEVEL BANKERS COMMITTEE,
CANARA BANK, CIRCLE OFFICE, CANARA BANK BUILDING .M.G.
WP(C) NO. 2746 OF 2022
2
ROAD THIRUVANANTHAPURAM. , PIN - 695001
5 SPECIAL OFFICER (CASHEW) & CMD
KERALA CASHEW BOARD LTD.TC 29/4016, WOMEN'S
COLLEGE, BAKERY JUNCTION ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM. , PIN - 695001
6 SASIDHARAN ACHARY, REPRESENTATIVE CASHEW INDUSTRY,
RESIDING AT POORAM,
KARIMPINPUZHA P.O, PUTHOOR, KOLLAM. , PIN - 691507
BY ADVS.
THOMAS T.VARGHESE
THOMAS T.VARGHESE(K/000516/1995)
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2746 OF 2022
3
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.2746 of 2022
============================
Dated this the 15th day of February, 2022
JUDGMENT
The counsel for the respondents submits that the sale that
was scheduled on 01.02.2022, as per Ext.P5, did not take place
due to absence of bidders.
2. Despite the above, petitioner sought for a
consideration of one time settlement proposal, based upon the
decision of the committee appointed by the Government, to
revive the cashew industries.
3. The learned counsel for the petitioner, Shri.Sergi
Joseph, submits that a representation seeking the benefit of one
time settlement scheme was submitted to the bank on 09.02.2022
and the same is pending consideration.
4. In view of the above, there will be a direction to the
WP(C) NO. 2746 OF 2022
respondents to consider the representation submitted by the
petitioner, dated 09.02.2022, if received, within a period of
thirty days from today, after hearing the petitioner. The
decision so taken shall be communicated to the petitioner
without further delay.
The writ petition is disposed of with the above observations.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ssa/
WP(C) NO. 2746 OF 2022
APPENDIX OF WP(C) 2746/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE NO.A.O/REC/2020-21
DATED 17/10/2020 ISSUED UNDER SECTION 13 (2)
OF THE SARFAESI ACT 2002 BY THE 2ND
RESPONDENT TO THE PETITIONERS
Exhibit P2 TRUE COPY OF THE NOTICE DATED 03/08/2021
ISSUED UNDER SECTION 13 (4) OF THE SARFAESI
ACT 2002 BY THE 2ND RESPONDENT TO THE
PETITIONERS
Exhibit P3 TRUE COPY OF GO(RT) NO.182/2021/ID DATED
11/02/2021
Exhibit P4 TRUE COPY OF THE MINUTES OF THE MEETING OF
THE COMMITTEE DATED 22/10/2021 CONSTITUTED AS
PER EXT. P3
Exhibit P5 TRUE COPY OF THE TENDER CUM AUCTION SALE
NOTICE NO. C.O/REC.NPA 2021-22 DATED
20/12/2021 ISSUED BY THE 2ND RESPONDENT
