Kerala High Court
M/S. Thottathil Medi Surge Health ... vs The South Indian Bank Limited on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 30340 OF 2021
PETITIONERS:
1 M/S. THOTTATHIL MEDI SURGE HEALTH CENTRE
PRIVATE LIMITED, BUILDING NO. 1 20 430 G,
THOTTATHIL ROAD, ARCADE PEROOR ROAD,
ETTUMANOOR, KOTTAYAM 686 631,
REPRESENTED BY ITS MANAGING DIRECTOR BIJU GEORGE.
2 BIJU GEORGE,
AGED 52 YEARS
S/O. P.K. GEORGE, THOTTATHIL HOUSE,
PEROOR ROAD, NETHAJI NAGAR, ETTUMANOOR,
KOTTAYAM 686 631.
3 JOLLY JOSEPH,
AGED 50 YEARS
W/O. BIJU GEORGE, THOTTATHIL HOUSE, PEROOR ROAD,
NETHAJI NAGAR, ETTUMANOOR, KOTTAYAM 686 631.
BY ADVS.
ALEX.M.SCARIA
A.J.RIYAS
SARITHA THOMAS
RESPONDENTS:
1 THE SOUTH INDIAN BANK LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR,
THE SOUTH INDIAN BANK LD., HEAD OFFICE,
T.B.ROAD, MISSION QUARTERS, THRISSUR 680 001.
2 THE REGIONAL MANAGER,
THE SOUTH INDIAN BANK LIMITED,
KOTTAYAM AT REGENCY SQUARE, K.K. ROAD,
COLLECTORATE P.O. KOTTAYAM 686 002.
3 THE BRANCH MANAGER,
THE SOUTH INDIAN BANK LIMITED,
KOTHANALLOOR BRANCH AT DOOR NO 3/A/2.
THAYYIIL BUILDING KOTHANALLOR, KOTTAYAM 686 632.
WP(C) NO. 30340 OF 2021
2
4 THE AUTHORISED OFFICER ,
APPOINTMENT ED UNDER THE SARFAEST ACT FOR
THE SOUTH INDIAN BANK LIMITED,
CHIEF MANAGER, REGIONAL OFFICE, KOTTAYAM.
BY ADVS.
SUNIL SHANKER
KEVIN VARGHESE JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30340 OF 2021
3
T.R.RAVI, J.
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WP (C) No.30340 of 2021
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Dated this the 30th day of March, 2023
JUDGMENT
The petitioners have approached this Court challenging
the proceedings initiated under the SARFAESI Act and also
requesting for regularisation of the loan accounts. This Court
had on 23.12.2021 directed the respondents not to dispossess
the petitioners for a period of six weeks on condition that the
petitioners deposits a sum of Rs.10 lakhs on or before
23.01.2022. The petitioners did not comply with the said
condition. As such, no further orders can be issued in this
writ petition and the writ petition is dismissed.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 30340 OF 2021
APPENDIX OF WP(C) 30340/2021
PETITIONER's EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 16/06/2021
ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED
06/09/21 WAS PASTED ON THE BUILDING WHICH IS
BEING CONSTRUCTED BY THE PETITIONERS.
Exhibit P3 TRUE COPY OF THE REPRESENTATION/OBJECTION
DATED 30/10/2021 TO THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE PETITION IN M.C. 233 OF 2021
BEFORE THE HONBLE CHIEF JUDICIAL MAGISTRATE
COURT, KOTTAYAM.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 16/12/2021 TO
THE PETITIONERS.
Exhibit P6 TRUE COPY OF THE STATEMENT OF ACCOUNTS UNDER
LOAN ACCOUNT NO. 0639652000000339 FOR THE
PERIOD OF 01/04/2021- 28/09/2021.
Exhibit P7 TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR
THE PROJECT LOAN UNDER LOAN ACCOUNT NUMBER
639652000000341 FOR THE PERIOD OF 01/04/2021-
28/09/2021.
Exhibit P8 TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR
THE OVERDRAFT GENERAL FACILITY UNDER LOAN
ACCOUNT NUMBER 069081000000025 FOR THE PERIOD
OF 01/04/2021- 28/09/2021.
Exhibit P9 TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR
THE MSME LOAN UNDER LOAN ACCOUNT NUMBER
063965 000000092 FOR THE PERIOD OF
01/04/2021- 28/09/2021.
Exhibit P10 TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR
THE LOAN AVAILED UNDER AATMA NIRBHAR BHARAT
SCHEME LOAN ACCOUNT, NUMBER 0639656 000000081
FOR THE PERIOD OF 01/04/2021- 28/09/2021.
WP(C) NO. 30340 OF 2021
Exhibit P11 TRUE COPY OF THE AGREEMENT DATED 08/03/2023
SO ENTERED IN TO THE BETWEEN THE PETITIONER
AND THE PROPOSED BUYER
Exhibit P12 TRUE COPY OF THE AUCTION NOTICE PUBLISHED BY
THE RESPONDENT BANK IN MALAYALA MANORAMA
DAILY DATED 03/02/2023
Exhibit P13 TRUE COPY OF THE DEMAND NOTICE DATED
26/02/2018.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
