Kerala High Court
The Dewa Investors Association vs The Assistant General Manager & ... on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33297 OF 2022
PETITIONERS:
1 THE DEWA INVESTORS ASSOCIATION
28/475, KOONAMTHAI,
EDAPALLY P.O, ERNAKULAM,
REPRESENTED BY ITS PRESIDENT,
MR. PRINCE JOSEPH,
RESIDING AT 17D, EXPRESS ESTATE,
KALOOR P.O, ERNAKULAM-682017, PIN - 682024
2 MR. JACOB XAVIER, SECRETARY
THE DEWA INVESTORS ASSOCIATION,
28/475, KOONAMTHAI,
EDAPALLY P.O, ERNAKULAM
RESIDING AT KYYALAKAKATH,
PALA P.O, KOTTAYAM -686575., PIN - 682024
BY ADVS.
VIJAY V. PAUL
SHERYL ELIZABATH SEBASTIAN
SANTHOSH MATHEW
RESPONDENTS:
1 THE ASSISTANT GENERAL MANAGER & AUTHORIZED OFFICER
UNION BANK OF INDIA CONSORTIUM,
UNION BANK OF INDIA, ERNAKULAM MAIN BRANCH,
UNION BANK BHAVAN, M.G ROAD,
ERNAKULAM, PIN - 682035
2 UNION BANK OF INDIA
239, VIDHAN BHAVAN MARG,
NARIMAN POINT, MUMBAI,
MAHARASHTRA -
REPRESENTED BY ITS GENERAL MANAGER-LEGAL.,
PIN - 400021
3 DEWA PROJECTS PRIVATE LIMITED
T.C NO. 25/1497, S.S KOVIL ROAD,
THAMPANOOR, THIRUVANANTHAPURAM,
PIN -695001, REPRESENTED BY ITS LIQUIDATOR,
MR. VINOD PADINHARE VEETIL,
HAVING ADDRESS AT 66-1058,
FIRST FLOOR,VEEKSHANAM ROAD,
ERNAKULAM NORTH , PIN - 682018
4 MR. VINOD PADINHARE VEETIL
LIQUIDATOR OF DEWA PROJECTS PRIVATE LIMITED,
WP(C) NO. 33297 OF 2022
2
HAVING ADDRESS AT 66-1058,
FIRST FLOOR,VEEKSHANAM ROAD,
ERNAKULAM NORTH , PIN - 682018
BY ADVS.
A.KEVIN THOMAS
A.V.THOMAS (SR.)(T-49)
NIDHI SAM JOHNS(K/211/2005)
LIJO JOSEPH (THOPPIL)(K/000537/2013)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 33297 OF 2022
3
BECHU KURIAN THOMAS, J.
============ ============
W.P.(C ). No. 33297 of 2022
========================
Dated this the 21st day of October, 2022
ORDER
The learned counsel for the petitioners seeks permission to
withdraw this petition.
In view of the above submission, the writ petition is dismissed
as withdrawn.
BECHU KURIAN THOMAS
JUDGE
LU
WP(C) NO. 33297 OF 2022
APPENDIX OF WP(C) 33297/2022
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF THE 1ST PETITIONER
ASSOCIATION.
EXHIBIT P2 TRUE COPY OF THE JUDGEMENT DATED
20.03.2018 IN WP (C) 34521 OF 2017.
EXHIBIT P3 A TRUE COPY OF THE JUDGEMENT DATED
03.01,2019 IN WA 999 OF 2018.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED
13.09.2019 OF THE HON'BLE NCLT, KOCHI
IN IBA 23/KOB/2019.
EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED
FEBRUARY 2022 ISSUED UNDER RULE 8(6)
AND 9 OF THE (SECURITY INTEREST
ENFORCEMENT) RULES, 2002
EXHIBIT P6 COPY OF THE JUDGMENT DATED 4.07.2022 IN
W.P(C) 8054/2022.
EXHIBIT P7 COPY OF THE SALE NOTICE DATED22.09.2022
PUBLISHED BY THE UNION BANK.
EXHIBIT P7(A) A TRUE COPY OF THE LIST OF CLAIMS OF
HOMEBUYERS OF DEWA PROJECTS ADMITTED BY
THE LIQUIDATOR.
EXHIBIT P8 A TRUE COPY OF AGREEMENT DATED
27.02.2006 EXECUTED BETWEEN UNION BANK
OF INDIA AND OTHER MEMBERS OF
CONSORTIUM
EXHIBIT P8(A) TRUE COPY OF THE IRREVOCABLE POWER OF
ATTORNEY DATED 13-7-2005 REGISTERED AS
DOCUMENT NO.541/2005/IV
EXHIBIT P9 A TRUE COPY OF THE JOINT DEED OF TERM
LOAN AGREEMENT DATED 27.02.2006.
EXHIBIT P10 A TRUE COPY OF THE SALE DEED DATED
27.03,2006 IN FAVOUR OF M/S. ANSU
ENTERPRISES (PARTNERSHIP FIRM).
EXHIBIT P11 A TRUE COPY OF THE SALE DEED DATED
27.03.2006 IN FAVOUR OF THE HOTEL VENUS
INTERNATIONAL.
EXHIBIT P12 A TRUE COPY OF THE SALE DEED DATED
27.03.2006 EXECUTED IN FAVOUR OF MR. K
VENUGOPALAN NAIR.
WP(C) NO. 33297 OF 2022
EXHIBIT P13 A TRUE COPY OF THE MEMORANDUM OF
DEPOSIT OF TITLE DEED DATED 31.03.2006
EXECUTED BY M/S. ANSU ENTERPRISES
(PARTNERSHIP FIRM).
EXHIBIT P14 A TRUE COPY OF THE MEMORANDUM 11. OF
DEPOSIT OF TITLE DEED DATED 31.03.2006
EXECUTED BY M/S. HOTEL VENUS
INTERNATIONAL.
EXHIBIT P15 A TRUE COPY OF THE MEMORANDUM OF
DEPOSIT OF TITLE DEED DATED 31.03.2006
EXECUTED BY MR. K VENUGOPALAN.
EXHIBIT P16 A TRUE COPY OF THE SUPPLEMENTARY TERM
LOAN AGREEMENT DATED 21ST MARCH 2007
EXECUTED BETWEEN DEWA PROJECTS PVT.
LTD. AND K. K. VENUGOPALAN AND OTHERS.
EXHIBIT P17 A TRUE COPY OF THE DEED OF PARTNERSHIP
DATED 17.02.2010 EXECUTED BETWEEN K.
VENUGOPAN NAIR AND ANOTHER AND M/S.
DEWA PROJECTS PVT. LTD. AND OTHERS.
EXHIBIT P18 A TRUE COPY OF THE ARTICLES OF
ASSOCIATION OF ANSU ENTERPRISES PRIVATE
LTD.
EXHIBIT P19 A TRUE COPY OF THE RESOLUTION DATED
15.09.2010.
EXHIBIT P20 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE ANSU ENTERPRISES
PRIVATE LTD. TO THE VILLAGE OFFICER FOR
EFFECTING TRANSFER OF REGISTRY.
EXHIBIT P21 A TRUE COPY OF THE THANDAPER EXTRACT
ISSUED TO ANSU ENTERPRISES LITD.
EXHIBIT P22 A TRUE COPY OF THE TAX RECEIPT
EVIDENCING PAYMENT OF TAX IN THE NAME
OF M/S. ANSU ENTERPRISES.
EXHIBIT P23 A TRUE THE DETAILS OF THE PAYMENTS MADE
IN RELATION TO THE 101 APARTMENTS. OF
DEWA PROJECTS.
EXHIBIT P24 A TRUE COPY OF ONE SUCH AGREEMENT FOR
CONSTRUCTION ENTERED INTO BETWEEN MRS.
RITA VENUGOPAL AND DR. K. S. VENUGOPAL
AND THE 2ND RESPONDENT ON 21.08.2013.
EXHIBIT P25 A TRUE COPY OF AGREEMENT FOR SALE
ENTERED INTO BETWEEN MRS. RITA
VENUGOPAL AND DR. K.S. VENUGOPAL AND
THE DEWA PROJECTS PRIVATE LIMITED ON
21.08.2013.
WP(C) NO. 33297 OF 2022
EXHIBIT P26 A TRUE OF THE DETAILS OF COCKERHAM
BRIBERY CASE.
EXHIBIT P27 A TRUE COPY OF THE JUDGEMENT OF THIS
HON'BLE COURT DATED 20.03.2018 IN WP
(C) 19773 OF 2015.
EXHIBIT P28 A TRUE COPY OF THE JUDGMENT DATED
30.03.2017 IN R.P NO.939/2016.
EXHIBIT P29 A TRUE OF THE PROCEEDINGS DATED
23.09.2017 IN S.A NO. 181 OF 2017.
EXHIBIT P30 A TRUE COPY OF THE WRITTEN STATEMENT
DATED 22.09.2017 IN S.A 181 OF 2017.
EXHIBIT P31 A TRUE COPY OF THE ADDITIONAL WRITTEN
STATEMENT DATED 12.10.2017 IN S.A 181
OF 2017.
EXHIBIT P32 A TRUE COPY OF THE AUCTION NOTICE DATED
19.08.2017 ISSUED BY UNION BANK OF
INDIA.
EXHIBIT P33 A TRUE COPY OF THE ORDER DATED
25.11.2021 IN IA (IBC) 87/KOB/21 OF THE
NCLT, KOCHI BENCH.
EXHIBIT P34 A TRUE COPY OF THE LETTER DATED
19.02.2022 ISSUED BY THE LIQUIDATOR OF
DEWA PROJECTS PRIVATE LIMITED.
EXHIBIT P35 A TRUE COPY OF THE MINUTES OF THE SCC
MEETING HELD ON 16.09.2022.
// True Copy // PA To Judge
