M/S Surabhi Woods vs The Principal Commissioner Of ...
2022 Latest Caselaw 5865 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        WP(C) NO. 5168 OF 2022
PETITIONER:

            M/S SURABHI WOODS,
            DOOR NO. 19/557, 19/558 AND 19/559 , NEAR RAILWAY
            STATION, ANGAMALY P.O, ERNAKULAM, PIN 683 572,
            REPRESENTED BY ITS MANAGING PARTNER, SHIBU AUGUSTINE.

            BY ADV L.RAJESH NARAYAN



RESPONDENT:

    1       THE PRINCIPAL COMMISSIONER OF INCOME TAX -CENTRAL.,
            6TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD,
            COCHIN - 682 011.

    2       THE TAX RECOVERY OFFICER- CENTRAL,
            5TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD,
            COCHIN - 682 011.

    3       THE DEPUTY COMMISSIONER OF INCOME TAX,
            OFFICE OF THE DEPUTY COMMISSIONER OF INCOME TAX,
            CENTRAL CIRCLE-1, ERNAKULAM, ALFA LIZA BUILDING,
            NEAR AMBADY CHAMBERS, OPPOSITE SRV L.P. SCHOOL,
            CHITTOOR ROAD, KOCHI 682 011.

    4       V.P. RASHEED,
            AGED 63 YEARS
            S/O. PAREED KHAN, PROPRIETOR, M/S. E-ORIENTAL TIMBERS,
            N.H. BYEPASS, OPP. CHAITHANYA MARBLES, EDAPPALLY,
            KOCHI 682 024.

    5       THE AUTHORISED OFFICER,
            SOUTH INDIAN BANK, REGIONAL OFFICE VI/950-C&D,
            AKP CENTRE, CHRIST COLLEGE ROAD, CHRIST NAGAR,
            IRINJALAKUDA-680 125
 W.P.(C) No.5168 of 2022                  2

      6      CHIEF MANAGER,
             SOUTH INDIAN BANK, REGIONAL OFFICE, VI/950-C&D,
             AKP CENTRE, CHRIST COLLEGE ROAD, CHRIST NAGAR,
             IRINJALAKUDA-680 125

             BY ADVS.
             P.K.RAVINDRANATHA MENON (SR.)
             M.S.UNNIKRISHNAN
             SUNIL SHANKER
             KEVIN VARGHESE JACOB
             JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA
             K.SUNIL
             ALEENA MARIA JOSE
             M.ARDRA KRISHNAN
             KRISHNENDU.D




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.05.2022,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.5168 of 2022                    3



                           JUDGMENT

When this matter is taken up for consideration today, the learned

Standing Counsel appearing for the respondents 5 and 6 would submit that

the entire loan account has been settled and respondents 5 and 6 are

withdrawing the proceedings initiated under the SARFAESI Act.

In the light of the above submission this Writ Petition will stand closed.

Sd/-

GOPINATH P.

JUDGE

ats

APPENDIX OF WP(C) 5168/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 17.6.2017 IN I.A. NO. 1880/2017 IN O.S. NO. 98/2017 OF THE HON'BLE SUB COURT, ERNAKULAM.

Exhibit P2 TRUE COPY OF THE LIST OF PROPERTIES ATTACHED DTD. 10.04.2017.

Exhibit P3 TRUE COPY OF THE AWARD DATED 4.12.2019.

Exhibit P4 TRUE COPY OF THE EXECUTION PETITION DATED 5.6.2020.

Exhibit P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 24.9.2020.

Exhibit P6 TRUE COPY OF THE NOTICE DATED 10.09.2021.

Exhibit P7 TRUE COPY OF THE GUARANTEE INVOCATION LETTER DATED 30.09.2021

Exhibit P8 TRUE COPY OF THE REGISTERED NOTICE DATED 30.09.2021.

Exhibit P9 TRUE COPY OF THE ORDER DATED 26.09.2016.

Exhibit P10 TRUE COPY OF THE REQUEST DATED 8.10.2020.

Exhibit P11 TRUE COPY OF THE LETTER OF INTEREST DATED 19.10.2021.

Exhibit P12 TRUE COPY OF THE NOTICE ISSUED UNDER S.

13(2) DATED 3.11.2021.

Exhibit P13 TRUE COPY OF THE REPLY TO EXT. P12 SUBMITTED BY THE PETITIONER.

Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 23.11.2021 IN WPC NO. 23021/2021.

Exhibit P15 TRUE COPY OF THE ORDER DATED 10.01.2022 OF THE 1ST RESPONDENT.

Exhibit P16 TRUE COPY OF THE POSSESSION NOTICE DATED 8.2.2022.