Kerala High Court
Routeroys Pu vs Union Bank Of India on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 16111 OF 2022
PETITIONER:
ROUTEROYS PU FITTINGS,
REPRESENTED BY THE PROPRIETOR
SMT. SHABANA SAMEER, W/O. SAMEER V.T.,
VALIYATHODIYIL HOUSE, KARAMBURATH, PARAMBA,
KOLATHARA P.O., KOZHIKODE-673 655.
BY ADV E.A.BIJUMON
RESPONDENT:
UNION BANK OF INDIA,
REGIONAL OFFICE KOZHIKODE,
KSHB COMPLEX, VIKAS NAGAR,
CHAKKORATHKULAM, KOZHIKODE-673 006,
REPRESENTED BY THE AUTHORIZED OFFICER.
BY ADVS.C.MURALIKRISHNAN (PAYYANUR)
ABRAHAM GEORGE JACOB
AKSHAY R
P.I.RAHEENA
ADV.A.S.P.KURUP (S.C, UBI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, ALONG WITH WP(C).16110/2022,
16112/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.16111, 16110, 16112 of 2022
-:2:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 16110 OF 2022
PETITIONER:
ROUTEROYS PU,
REPRESENTED BY THE MANAGING PARTNER
MR. SAMEER V.T, S/O. SHOUKATHALI,
VALIYATHODIYIL HOUSE, KARAMBURATH PARAMBA,
KOLATHARA, KOZHIKODE - 673655.
BY ADV E.A.BIJUMON
RESPONDENT:
UNION BANK OF INDIA,
REGIONAL OFFICE KOZHIKODE,
KSHB COMPLEX, VIKAS NAGAR,
CHAKKORATHKULAM, KOZHIKODE - 673006,
REPRESENTED BY THE AUTHORIZED OFFICER.
BY ADVS.C.MURALIKRISHNAN (PAYYANUR)
ABRAHAM GEORGE JACOB
AKSHAY R
P.I.RAHEENA
A.S.P.KURUP (S.C)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, ALONG WITH WP(C).16111/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.16111, 16110, 16112 of 2022
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 16112 OF 2022
PETITIONER:
M/S. ROUTEROYS FITTINGS,
REPRESENTED BY THE PROPRIETOR SMT. ALEEMA K,
W/O. SHOUKATHALI, VALIYATHODIYIL HOUSE,
KARAMBURATH PARAMBA, KOLATHARA P.O,
KOZHIKODE - 683655.
BY ADV E.A.BIJUMON
RESPONDENT:
UNION BANK OF INDIA,
REGIONAL OFFICE KOZHIKODE, KSHB COMPLEX,
VIKAS NAGAR, CHAKKORATHKULAM,
KOZHIKODE - 673006,
REPRESENTED BY THE AUTHORIZED OFFICER.
BY ADVS.C.MURALIKRISHNAN (PAYYANUR)
ABRAHAM GEORGE JACOB
AKSHAY R
P.I.RAHEENA
A.S.P.KURUP (S.C)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, ALONG WITH WP(C).16111/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.16111, 16110, 16112 of 2022
-:4:-
JUDGMENT
When these writ petitions are taken up for
consideration today, the learned counsel appearing for the
respondent Bank points out that the petitioner had
undertaken before this Court that the entire liability would
be settled on or before 13.06.2022, and this Court passed
the order dated 18.05.2022 adjourning the sale of the
secured asset which was scheduled on 25.05.2022, on
condition that the entire liability is re-paid by 13.06.2022.
It is pointed out that thereafter when this matter came up
before this Court on 15.06.2022, this Court had extended
the interim order till 29.06.2022 (today), on condition that
an amount of Rs.25,00,000/-(Rupees Twenty Five Lakhs
Only) is remitted within the said period. It is submitted
that even this condition has not been complied with.
Though the learned counsel for the petitioner vehemently
submits that the petitioner will be in a position to comply
with the interim order by 21.07.2022, considering the
limited jurisdiction being exercised by this Court in such
W.P.(C) Nos.16111, 16110, 16112 of 2022
matters, I am of the view that the petitioner is not entitled
to any discretionary relief under Article 226 of the
Constitution of India. These writ petitions will therefore
stand dismissed, leaving open all contentions of the
petitioner and making it clear that it will open to the
petitioner to approach the Debts Recovery Tribunal and
seek appropriate reliefs. The period during which these
writ petitions were pending before this Court ie, from
17.05.2022 till today shall be excluded for the period of
computing any period of limitation for filing a
Securitisation Application before the Debts Recovery
Tribunal.
Sd/-
GOPINATH P.
JUDGE
ats
W.P.(C) Nos.16111, 16110, 16112 of 2022
APPENDIX OF WP(C) 16111/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RULE 8 (1) NOTICE DATED
05.10.2021 ISSUED BY THE RESPONDENT BANK
EXHIBIT P2 TRUE COPY OF THE SALE NOTICE DATED
10.12.2021
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC
NO.1626/2020 DATED 21.01.2022
EXHIBIT P4 TRUE COPY OF THE ADVOCATE COMMISSIONERS
NOTICE DATED 10.05.2022
W.P.(C) Nos.16111, 16110, 16112 of 2022
APPENDIX OF WP(C) 16110/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RULE 8(1) NOTICE DATED
05.10.2021 ISSUED BY THE RESPONDENT
BANK.
EXHIBIT P2 TRUE COPY OF THE SALE NOTICE UNDER RULE
8 ISSUED BY THE RESPONDENT BANK.
EXHIBIT P3 TRUE COPY OF THE JUDGEMENT IN W.P.(C)
NO.1670/2022 DATED 21.01.2022.
EXHIBIT P4 TRUE COPY OF THE ADVOCATE COMMISSIONERS
NOTICE DATED 10.05.2022.
W.P.(C) Nos.16111, 16110, 16112 of 2022
APPENDIX OF WP(C) 16112/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RULE 8 (1) NOTICE DATED
05.10.2021 ISSUED BY THE RESPONDENT
BANK.
EXHIBIT P2 TRUE COPY OF THE SALE NOTICE DATED
10.12.2021.
EXHIBIT P3 TRUE COPY OF THE JUDGEMENT IN WP(C) NO.
1597/2022 DATED 21.01.2022.
EXHIBIT P4 TRUE COPY OF THE ADVOCATE COMMISSIONERS
NOTICE DATED 10.05.2022.
