M/S Cochin Engineering And ... vs Union Of India
2023 Latest Caselaw 3846 Ker

               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. 2474 OF 2023
PETITIONERS:

    1     M/S COCHIN ENGINEERING AND ELECTROPLATING
          KIZHAKKAMBALAM, REPRESENTED BY ITS MANAGING PARTNER,
          SHRI M.M.VARGHESE, AGED 76 YEARS, S/O LATE M.V.MATHAI,
          MUTTAVANCHERRY HOUSE, THAMARACHAL, KIZHAKKAMBALAM P.O.
          KIZHAKKAMBALAM VILLAGE KUNNATHUNADU TALUK, ERNAKULAM
          DISTRICT, PIN - 683562

    2     M.M.VARGHESE,
          AGED 76 YEARS
          S/O LATE M.V.MATHAI, MUTTAVANCHERRY HOUSE, THAMARACHAL,
          KIZHAKKAMBALAM P.O. KIZHAKKAMBALAM VILLAGE KUNNATHUNADU
          TALUK, ERNAKULAM DISTRICT, PIN - 683562

          BY ADVS.
          VARGHESE C.KURIAKOSE
          ALBIN A. JOSEPH



RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY SECRETARY, DEPARTMENT OF BANKING
          AFFAIRS, JANPATH RD, RAJPATH AREA, CENTRAL SECRETARIAT,
          NEW DELHI, DELHI- 110011 INDIA

    2     THE AXIS BANK LTD.
          RETAIL ASSETS CENTRE, 5TH FLOOR, CHICAGO PLAZA, RAJAJI
          ROAD, ERNAKULAM-682035, REPRESENTED BY ITS CHIEF
          MANAGER.

    3     THE AUTHORISED OFFICER
          AXIS BANK LTD., RETAIL ASSETS CENTRE, 5TH FLOOR,
          CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM, PIN - 682035

          BY ADVS.
          MADHU RADHAKRISHNAN
          NELSON JOSEPH
          M.D.JOSEPH
          DEEPAK ASHOK KUMAR
 WP(C) NO. 2474 OF 2023            2

      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. 2474 OF 2023              3


                              T.R. RAVI, J.
               --------------------------------------------
                        W.P.(C).No.2474 of 2023
                --------------------------------------------
                 Dated this the 30th day of March, 2023


                              JUDGMENT

When the case is taken up today, it is submitted that the

amount as directed has not been paid by the petitioners. No further

orders can be granted in this writ petition.

This writ petition is dismissed without prejudice to the right of

the petitioners to challenge the amount that is claimed in appropriate

proceedings.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 2474/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 29.09.2022 ISSUED BY 2ND RESPONDENT BANK

Exhibit P2 TRUE PHOTOSTAT COPY OF POSSESSION NOTICE DATED 17.01.2023 ISSUED BY 2ND RESPONDENT BANK