M/S. San Marine Exports vs Ecgc Ltd
2023 Latest Caselaw 8305 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                         WP(C) NO. 14591 OF 2020
PETITIONER:

              M/S. SAN MARINE EXPORTS
              EDAMANA, SAKTHIKULANGARA, KOLLAM-691581,
              REPRESENTED BY ITS PARTNER
              MR.PHILOMENE ANTONY

              BY ADV SANDEEP GOPALAKRISHNAN


RESPONDENTS:

     1        ECGC LTD, ROSHEES SQUARE, NEAR SEVENTH DAY CHURCH,
              RESIDENCY ROAD, KUDAPPAKKADA, KOLLAM-691 008,
              REPRESENTED BY ITS MANAGER

     2        BANK OF INDIA, QUILON BRANCH, BAVANA NAGAR, KOLLAM,
              KERALA-691 019, REPRESENTED BY ITS CHIEF MANAGER

              R1 BY ADVS.SRI.MATHEW B. KURIAN
              SRI.K.T.THOMAS
              R2 BY SRI.J.HARIKUMAR, SC, BANK OF INDIA



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.14591 of 2020                        2




                              VIJU ABRAHAM, J.
              .................................................................
                        W.P.(C) No.14591 OF 2020
              .................................................................
                 Dated this the 1st day of August, 2023


                                    JUDGMENT

In spite of several postings there is no appearance for

the petitioner. The writ petition is dismissed for non-prosecution.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 14591/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE EMIL TO THE SECOND RESPONDENT SEEKING POLICY DOCUMENTS DATED 21.03.2020

EXHIBIT P2 TRUE COPY OF THE EMAIL ASKING THE PETITIONER TO CLARIFY WITH THE FIRST RESPONDENT DATED 21.03.2020

EXHIBIT P3 TRUE COPY OF THE EMAIL TO THE FIRST RESPONDENT SEEKING CLARITY DATED 05.05.2020

EXHIBIT P4 TRUE COPY OF THE EMAIL STATING THE PETITIONER IS NOT PRIVY TO THE DOCUMENT DATED 15.05.2020

EXHIBIT P5 TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER

RESPONDENT EXHIBITS

EXHIBIT R2(a) TRUE COPY OF THE LETTER SANCTIONING CHANGE IN TERMS OF THE CREDIT FACILITY AVAILED BY THE PETITIONER DATED 12-02- 2019 WITH ACKNOLEDGMENT AND ACCEPTANCE BY THE PETITIONER OF THE SAME RENEWING THE WORKING CAPITAL LIMIT TO 13.5 CRORES AS EXPORT PACKING CREDIT FACILITY WITH EFFECT FROM 12/02/2019

EXHIBIT R2(b) TRUE COPY OF THE SAID LETTER DATED 24/01/2020 FROM THE PETITIONER.

EXHIBITR2(c) TRUE COPY OF THE LETTER DATED 14/05/2020.

EXHIBIT R2(d) TRUE COPY OF THE MESSAGE DATED 02/06/2020.

EXHIBIT R2(e) TRUE COPY OF THE COMMUNICATION DATED 07/02/2019 FROM THE FIRST RESPONDENT.