Kumbukattu Cashews vs South Indian Bank
2023 Latest Caselaw 841 Ker

Citation : 2023 Latest Caselaw 841 Ker
Judgement Date : 13 January, 2023

Kerala High Court

Kumbukattu Cashews vs South Indian Bank on 13 January, 2023

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                      THE HONOURABLE MR. JUSTICE GOPINATH P.

              FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944

                              WP(C) NO. 39659 OF 2022

PETITIONER:

              REKHA ALEX
              AGED 49 YEARS
              W/O. MR. ALEX M. KUMBUKADAN, VALAKOM P.O, KOTTARAKARA, KOLLAM, PIN
              - 691532
              BY ADVS.
              B.J.JOHN PRAKASH
              P.PRAMEL
              ASHIK TOM
              RAMSEENA N.
              CELINE JOHN


RESPONDENT:

              SOUTH INDIAN BANK
              REPRESENTED BY ITS MANAGER, KOTTARAKKARA BRANCH, X/1234/1, QS
              ROAD, CITY TOWER BUILDING, KOTTARAKKARA,
              KOLLAM, KERALA, PIN - 691506

OTHER PRESENT:

              ADV. SUNIL SHANKAR (SC)



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) Nos. 39659 & 2058 of 2022
                                       ..2..


                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR. JUSTICE GOPINATH P.

              FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944

                              WP(C) NO. 2058 OF 2022

PETITIONERS:

     1         KUMBUKATTU CASHEWS
               VALAKOM P.O., KOTTARAKARA KOLLAM DISTRICT, PIN - 691 532
               REPRESENTED BY ITS PROOPRIETOR ALEX M.KUMBUKADOM.
     2         ALEX M.KUMBUKADAN
               AGED 52 YEARS
               S/O.K.L.MATHEW, VALAKOM P.O., KOTTARAKARA, KOLLAM DISTRICT, PIN
               - 691 532.
               BY ADVS.
               B.J.JOHN PRAKASH
               P.PRAMEL
               NIMMY SHAJI
               BINNET M.VAVACHAN


RESPONDENT:

               SOUTH INDIAN BANK
               REPRESENTED BY ITS MANAGER, KOTTARAKKARA BRANCH, X/1234/1, QS
               ROAD, CITY TOWER BUILDING, KOTTARAKKARA, KOLLAM, KERALA - 691
               506.
               BY ADVS.
               SUNIL SHANKER
               VIDYA GANGADHARAN



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) Nos. 39659 & 2058 of 2022
                                     ..3..




                             JUDGMENT

The learned counsel for the petitioners in these cases seeks

permission to withdraw the Writ Petition. Permission is granted.

The Writ Petition is dismissed as withdrawn, reserving the liberty

of the petitioners to approach the Debts Recovery Tribunal.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) Nos. 39659 & 2058 of 2022 ..4..

APPENDIX OF WP(C) 39659/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTICE DATED 03.10.2022 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED IN M.C. NO. 475 OF 22 BEFORE THE HON. CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM Exhibit-P2 TRUE COPY OF THE NOTICE DATED 10.10.2022 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED IN M.C. NO. 475 OF 22 BEFORE THE HON. CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM Exhibit-P3 TRUE COPY OF THE OTS PROPOSAL DATED 22.10.2022 SUBMITTED BY THE PETITIONER Exhibit-P4 TRUE COPY OF THE LETTER DATED 21.11.2022 SUBMITTED BY THE PETITIONER Exhibit-P5 TRUE COPY OF THE LETTER DATED 28.11.2022 SUBMITTED BY THE PETITIONER W.P. (C) Nos. 39659 & 2058 of 2022 ..5..

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE UDYOG AADHAR REGISTRATION CERTIFICATE OF THE 1ST PETITIONER UNIT.

Exhibit P2 TRUE COPY OF THE REQUEST LETTER DATED 14/11/2019 WHEREIN THE PETITIONERS BROUGHT TO THE ATTENTION OF THE RESPONDENT BANK THE REQUIREMENT OF RESTRUCTURING HIS LOAN ACCOUNT BY ENHANCING THE EXITING PCL LIMIT.

Exhibit P3 THE TRUE COPY OF THE MASTER CIRCULAR PROMULGATED BY RBI WITH NO.RBI/2018-19/100 DBR.NO.18/21.04.048/2018-19 DATED 01/01/2019.

Exhibit P4 TRUE COPY OF THE LETTER DATED 20/05/2020 ISSUED BY THE PETITIONERS REQUESTING ADDITIONAL FINANCIAL ASSISTANCE FROM THE RESPONDENT BANK.

Exhibit P5 TRUE COPY OF THE LETTER DATED 05/09/2020 SUBMITTED BY THE PETITIONERS WHEREIN THE STRUGGLES OCCURRED PURSUANT TO COVID-19 PANDEMIC IS DULY INFORMED TO THE RESPONDENT BANK. Exhibit P6 THE TRUE COPY OF THE LETTER DATED 25/11/2020 SUBMITTED BY THE PETITIONER REQUESTING THE RESPONDENT BANK TO REVERSE THE EXORBITANT INTERESTS RATES CHARGES. Exhibit P7 THE TRUE COPY OF THE LETTER DATED 21/06/2021 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT BANK. Exhibit P8 THE TRUE COPY OF HE MASTER CIRCULAR WITH NO.RBI/2021-

22/32-DOR.STR.REC.12/21.04.048/2021-22 DATED 05/05/2021. Exhibit P9 THE TRUE COPY OF THE MASTER CIRCULAR WITH NO. RBI/2021-

22/47.DOR.STR.REC.21/21.04/2021-22 DATED 04/06/2021. Exhibit P10 THE TRUE COPY OF THE OPERATIONAL GUIDELINES OF EMERGENCY CREDIT LINE GUARANTEE SCHEME DATED 07/06/2021. Exhibit P11 TRUE COPY OF THE MASTER CIRCULAR NO.RBI/2015-

16/338FIDD.MSME&NFS.BC.NO.21/06.02.31/2015-16 DATED 17/03/2016.

Exhibit P12 TRUE COPY OF THE ORDER DATED 06/07/2019 WITH NO.643/2019 PROMULGATED BY THE STATE GOVERNMENT WHEREIN VARIOUS MEASURES TO REHABILITATE THE STRESSED CASHEW UNITS ARE ENVISAGED.

Exhibit P13 THE TRUE COPY OF THE RELEVANT PAGES OF THE BUDGET 2019-20 OF THE KERALA STATE GOVERNMENT.

Exhibit P14 THE TRUE COPY OF THE RELEVANT PAGES OF THE BUDGET 2020-21 OF THE KERALA STATE GOVERNMENT.

Exhibit P15 THE TRUE COPY OF THE LETTER DATED 14/08/2021 ISSUED BY THE PETITIONERS.

Exhibit-P20 TRUE COPY OF THE NOTICE DATED 03.10.2022 ISSUED BY THE ADVOCATE COMMISSION IN M.C. NO. 475 OF 2022 BEFORE THE HONOURABLE CHIEF JUDICIAL COURT AT KOLLAM Exhibit-P21 TRUE COPY OF THE NOTICE DATED 10.10.2022 ISSUED BY THE ADVOCATE COMMISSION IN M.C. NO. 475 OF 2022 BEFORE THE HONOURABLE CHIEF JUDICIAL COURT AT KOLLAM

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE