Bethel Cashew Company vs The Chief Manager/The Authorized ...
2022 Latest Caselaw 354 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                        WP(C) NO. 29023 OF 2021
PETITIONERS :


    1     BETHEL CASHEW COMPANY,
          REPRESENTED BY ITS MANAGING PARTNER
          SHRI. GEEVARGHESE D, PAZHANGALAM, NALLILA P.O,
          NEDUMPANA, KOLLAM 691 515.

    2     GEE VARGHESE D,
          PLAVAILA VEEDU, NALLILA P.O, NEDUMPANA,
          KOLLAM 691 515.

    3     PAUL VARGHESE,
          PLAVAILA VEEDU, NALLILA P.O, NEDUMPANA, KOLLAM-691 515.

    4     AMMINIKUTTY,
          PLAVAILA VEEDU, NALLILA P.O,NEDUMPANA, KOLLAM-691 515

          BY ADVS.
          B.J.JOHN PRAKASH
          NIMMY SHAJI
          BINNET M.VAVACHAN


RESPONDENTS :

    1     THE CHIEF MANAGER/ THE AUTHORIZED OFFICER,
          STATE BANK OF INDIA, KUNDARA BRANCH, KOLLAM 691 501.

    2     RAHELKUTTY,
          PUTHENPURA VEEDU, KALLINGA P.O, PERUMPUZHA,
          KOLLAM 691 504.

          BY ADV.JITHESH MENON, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.29023 of 2021
                                       2



                      BECHU KURIAN THOMAS, J.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                      W.P.(C) No.29023 of 2021
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 13th day of January, 2022


                                 JUDGMENT

Petitioners challenge Ext.P6 sale notice. As per Ext.P6, the sale

was scheduled to be held on 21.12.2021. The learned counsel for the

petitioners as well as the respondents submitted that the sale did not take

place as scheduled due to the absence of bidders.

In view of the above submission, nothing further survives for

consideration in this writ petition and the same is closed reserving the right

of the petitioners to raise all contentions afresh.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM W.P.(C) No.29023 of 2021

APPENDIX OF WP(C) 29023/2021

PETITIONERS' EXHIBITS :

Exhibit P1 A TRUE COPY OF THE UDHYOG AADHAR REGISTRATION CERTIFICATE OF THE 1ST PETITIONER UNIT.

Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 10.06.2016 ISSUED BY THE 1ST RESPONDENT BANK.

Exhibit P3A THE TRUE COPY OF THE NOTICE DATED 23.10.2016 ISSUED BY THE ADVOCATE COMMISSIONER TO TAKE PHYSICAL POSSESSION OF THE SECURED PROPERTIES OF THE PETITIONERS.

Exhibit P3B THE TRUE COPY OF THE NOTICE DATED 03.11.2016 ISSUED BY THE ADVOCATE COMMISSIONER TO TAKE PHYSICAL POSSESSION OF THE SECURED PROPERTIES OF THE PETITIONERS.

Exhibit P4 TRUE COPY OF THE ORDER DATED 18.01.2017 IN S.A. NO. 117/2016.

Exhibit P5 TRUE COPY OF THE MASTER CIRCULAR NO.

RBI/2015-16/338 FIDD. MSME & NFS.BC. NO. 21/06.02.31/2015-16 DATED 17.03.2016.

Exhibit P6 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT BANK DATED 09.11.2021.

Exhibit P7 THE TRUE COPY OF THE G.O. NO. 643/2019 DATED 06.07.2019 WHEREBY THE STATE GOVERNMENT HAS UNDERTAKEN TO PAY THE INTERESTS FOR A PERIOD OF ONE YEAR FOR THE LOANS AVAILED BY THE CASHEW UNITS FOR THE PURPOSE OF PROCUREMENT OF WORKING CAPITAL.

Exhibit P8 THE RELEVANT PAGES OF THE BUDGET 2019-

2020.

W.P.(C) No.29023 of 2021

Exhibit P9 THE RELEVANT PAGES OF THE BUDGET 2020-

2021.

Exhibit P10 TRUE COPY OF THE LATEST MINUTES OF MEETING OF THE THREE MEMBER COMMITTEE HELD ON 01.10.2021.