Naseera Abdul Salam vs Catholic Syrian Bank Ltd
2022 Latest Caselaw 8339 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 27551 OF 2021
PETITIONER/S:

            NASEERA ABDUL SALAM,
            AGED 55 YEARS
            W/O. ABDUL SALAM,
            MAMMASRAILLATH CHAMAKKALAYIL, PAY BAZAR, ERIYAD P.O.,
            AZHIKODE, THRISSUR 680 666, PROPRIETRIX GOLDEN TEA,
            MANUFACTURES AND EXPORTER, NO. XII/223-3, 2ND FLOOR,
            KALACHIRA TOWER WEST NADA, KODUNGALLOOR, THRISSUR 680
            664.

            BY ADVS.
            P.SATHISAN
            DONA AUGUSTINE
            ATHUL RAJESH


RESPONDENT/S:

    1       CATHOLIC SYRIAN BANK LTD.,
            ZONAL OFFICE, THRISSUR, POST, BOX NO. 502, ST MARY'S,
            COLLEGE ROAD, CSB BHAVAN, THRISSUR 680020.

    2       RESERVE BANK OF INDIA,
            BANERJI RD, ERNAKULAM NORTH, KALOOR P.O. ERNAKULAM,
            KERALA 682 018, REP. BY ITS MANAGER.

    3       STATE OF KERALA,
            REPRESENTED BY PRINCIPAL SECRETARY,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM P.O. 695 001.

    4       STATE GOODS AND SERVICES TAX DEPARTMENT,
            GOVERNMENT OF KERALA, 9TH FLOOR, TAX TOWER,
            KILLIPPALAM, KARAMANA P.O., THIRUVANANTHAPURAM 695
            002, REPRESENTED BY COMMISSIONER.

            BY ADVS.
            MADHU RADHAKRISHNAN
            NELSON JOSEPH
 WP(C).27551/21                      2

             M.D.JOSEPH
             DEEPAK ASHOK KUMAR


OTHER PRESENT:

             DR. THUSHARA JAMES (SR GP)
             SRI.MADHU RADHAKRISHNAN, SC, CSB


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).27551/21                             3



                                   JUDGMENT

When this writ petition is taken up for consideration today, the learned

Standing Counsel appearing for the 1 st respondent bank refers to the interim

order dated 03.12.2021 and states that this Court had admitted the writ

petition and granted interim orders only on account of the fact that there was

no Presiding Officer at the Debts Recovery Tribunal, Ernakulam. It is

submitted that since regular sittings had commenced before the Debts

Recovery Tribunal, Ernakulam, the petitioner may be relegated to avail her

remedy before the Tribunal.

2. The learned counsel for the petitioner would submit that pursuant

to the interim order dated 03.12.2021, the petitioner had remitted a sum of

Rs.28 lakhs. This is not disputed by the learned counsel appearing for the 1 st

respondent.

3. Having heard the learned counsel for the petitioner, the learned

Senior Government Pleader appearing for respondents 3 and 4 and the learned

Standing Counsel appearing for respondents 1 and 2 and considering the fact

that this writ petition was entertained by this Court only on account of the fact

that the Debts Recovery Tribunal was not sitting regularly, and taking note of

the fact that the petitioner has complied with the interim order of this Court,

this writ petition is closed leaving it open to the petitioner to approach the

Debts Recovery Tribunal, Ernakulam for appropriate relief. The period during

which this writ petition was pending before this Court, namely from 02.12.2021

till today (01.07.2022), shall be excluded for the purpose of determining any

period of limitation for filing a securitisation application before the Tribunal.

Coercive steps against the petitioner shall be deferred by a period of three

weeks to enable the petitioner to seek appropriate interim relief from the

Tribunal. The benefit of this judgment will be available to the petitioner only if

a securitisation application is filed within one week from today. It is made

clear that after excluding the period during which this writ petition has been

pending before this Court as above, the petitioner is still beyond the period of

limitation and it will be always open to the respondents to point out the same

before the Tribunal. I make it clear that I have not expressed any opinion on

any point raised by either side in the writ petition.

Sd/-

GOPINATH P.

                                                                JUDGE
         okb/1.7.22
                                                            //True copy//    P.S. to Judge


                      APPENDIX OF WP(C) 27551/2021

PETITIONER EXHIBITS
Exhibit P1              TRUE COPY OF THE APPROVAL FROM THE CENTRAL

EXCISE, CUSTOMS AND SERVICE TAX MUVATTUPUZHA DIVISION DATED 07/12/2012 ALONG WITH COMMUNICATION FROM OFFICE OF COMMISSIONER OF CUSTOMS, KOCHI DATED 04.02.2013.

Exhibit P2 TRUE COPY OF GST REGISTRATION CERTIFICATE NO.

32AKSPN917811ZC FROM THE GOVERNMENT OF INDIA DATED 21.09.2017.

Exhibit P3 TRUE COPY OF GST REGISTRATION CERTIFICATE NO.

32AKSPN 917812ZB FROM THE GOVERNMENT OF INDIA VALID FROM 30.08.2018.

Exhibit P4 TRUE COPY OF THE SECTION 13 NOTICE UNDER SARFAESI ACT ISSUED Y THE IST RESPONDENT DATED 24.11.2021.

Exhibit P5 TRUE COPY OF TRADEMARK REGISTRATION CERTIFICATE DATED 04.03.2013 FROM THE MINISTRY OF INDUSTRIES AND COMMERCE, SAUDI ARABIA.

Exhibit P6 TRUE COPY OF THE QUALITY MANAGEMENT APPROVAL ISO9001 CERTIFICATE NO. 19DQEF01 DATED 17.01.2019.

Exhibit P7 TRUE COPY OF THE FINANCE STATEMENT OF PETITIONERS FIRM FOR THE YEAR ENDING ON 31.03.2020.

Exhibit P8 TRUE COPY OF THE ELECTRONIC CREDIT LEADER (GST) IN THE PERIOD FROM 01/09/2021 TO 29/11/2021.

Exhibit P9 TRUE COPY OF THE DOCUMENTS EVIDENCING CONSIGNMENTS DISPATCHED BY PETITIONER.

Exhibit P10 TRUE COPY OF THE BILL SUBMITTED BEFORE THE IST RESPONDENT.