M/S Trt Builders & Constructions Pvt Ltd vs The Authorized Officer, Bank Of India
2024 Latest Caselaw 16019 Ker

Kerala High Court

M/S Trt Builders & Constructions Pvt Ltd vs The Authorized Officer, Bank Of India on 7 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                WP(C) NO. 12556 OF 2024
PETITIONERS:

    1    M/S TRT BUILDERS & CONSTRUCTIONS PVT LTD.
         THOPPIL BUILDING, ADAYAMON P.O KILIMANOOR,
         THATTUMALA THIRUVANANTHAPURAM
          REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE,
         PIN - 695614
    2    ANAND VINAYAK
         AGED 35 YEARS, S/O G SUNDARESAN,
         RESIDING AT KAILAS, KESAVA NAGAR,
         HOUSE NO.22, MUNDACKAL WEST, KOLLAM,
         PIN - 691 001.

    3    SHYLA S
         AGED 61 YEARS, W/O G SUNDARESAN,
         RESIDING AT KAILAS, KESAVA NAGAR,
         HOUSE NO.22, MUNDACKAL WEST, KOLLAM,
         PIN - 691 001.

    4    AKHIL VINAYAK
         AGED 39 YEARS, S/O G SUNDARESAN,
         RESIDING AT KAILAS, KESAVA NAGAR,
         HOUSE NO.22, MUNDACKAL WEST, KOLLAM,
         PIN - 691 001.

         BY ADVS.
              ASWIN GOPAKUMAR
              ANWIN GOPAKUMAR
              ADITYA VENUGOPALAN
              MAHESH CHANDRAN
              SARANYA BABU
              ANGITA T. MENON
 W.P (C) No.12556 of 2024
                               :2:



RESPONDENTS:

    1      THE AUTHORIZED OFFICER, BANK OF INDIA,
           QUILON BRANCH, USMANIA COMPLEX, PB NO. 513,
           KMC XVIII/2884, CONVENT ROAD, QUILON,
           PIN - 691 001.

    2      BANK OF INDIA
           REPRESENTED BY ITS CHIEF MANAGER,
           QUILON BRANCH, USMANIA COMPLEX, PB NO. 513,
           KMC XVIII/2884, CONVENT ROAD, QUILON,
           PIN - 691 001.

    3      ADV. ASWATHY CHANDRAN
           ADVOCATE COMMISSIONER, MARANNUR ARCADE GROUND
           FLOOR, WEST OF CIVIL STATION, KOLLAM,
           PIN - 691 013.

           BY ADV
                JAWAHAR JOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 07.06.2024, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P (C) No.12556 of 2024
                                    :3:



                              JUDGMENT

Dated this the 7th day of June, 2024

The petitioners, against whom coercive

proceedings initiated under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 by the Bank of India, have filed

the writ petition seeking to restrain the respondents from

taking any further coercive proceedings under Section 13(4)

of the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 against the

petitioners pending filing, scrutiny and listing of the appeal

sought to be filed before the Debts Recovery Appellate

Tribunal, Chennai.

2. After hearing parties on either side, I find that the

petitioners had filed appeal before the Debts Recovery

Appellate Tribunal during March-April, 2024. The petitioners

had all the time to move the Debts Recovery Tribunal, in the

meanwhile.

3. Standing Counsel representing respondents 1 and

2 would submit that the appeal is not listed because the

petitioners have failed to make the pre-deposit under

Section 18 of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

2002.

In view of the lapse of time, the writ petition has

become infructuous. The writ petition is therefore dismissed

as infructuous.

Sd/-

N. NAGARESH JUDGE AMR