Kerala High Court
M/S. Najeem Cashew Industries vs Asset Reconstruction Company (India) ... on 10 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.20612/2024 1/4 Order Date : 10-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Monday, the 10th day of June 2024 / 20th Jyaishta, 1946
WP(C) NO. 20612 OF 2024
PETITIONER:
M/S. NAJEEM CASHEW INDUSTRIES, AGED 55 YEARS, REPRESENTED BY ITS
PROPRIETOR, MR. NAJUMMUDEEN MUSALIAR, S/O. SAILUBDEEN, RESIDING AT
SHAFI MANZIL, TKMC (P.O), KARIKODE, KOLLAM, PIN - 691005
RESPONDENT:
ASSET RECONSTRUCTION COMPANY (INDIA) LTD THE RUBY, 10 TH FLOOR, 29,
SENAPATI BAPAT MARG, DADAR (WEST), MUMBAI REPRESENTED BY ITS
AUTHORISED OFFICER, PIN - 400028
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct respondents not to take physical possession of the
residential building and properties of the petitioner mentioned in
exhibits p19 and p21 pending disposal of the writ petition (c ).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S V.PHILIP MATHEWS & ABY SKARIA Advocates for the petitioner, M/S
B.S.SURESH KUMAR, ASHLEY JOHN, RANJANA V, ANUSREE C.S. & CHRISTOPHER
THOMAS, Advocates for the respondent, the court passed the following:
WP(C) No.20612/2024 2/4 Order Date : 10-06-2024
N.NAGARESH, J.
-----------------------------------------
W.P.(C) No.20612 of 2024
-------------------------------------------------
Dated this the 10th day of June, 2024
ORDER
Standing Counsel submits that the Debts Recovery Tribunal
has passed an interim order today staying dispossession of the
petitioner from the secured asset.
2. Standing Counsel to get instructions and file a statement.
Post on 27.06.2024.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.20612/2024 3/4 Order Date : 10-06-2024
APPENDIX OF WP(C) 20612/2024
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE REF NO.
ROTVM/REC/SAR/AV/5/21-22 DATED 19-05-2021 FROM THE
AUTHORIZED OFFICER OF THE SOUTH INDIAN BANK TO
PETITIONER
Exhibit P2 TRUE COPY OF THE REPLY DATED 14-06-2021 SUBMITTED BY
PETITIONER TO AUTHORIZED OFFICER OF THE SOUTH INDIAN
BANK
Exhibit P3 TRUE COPY OF THE REPLY DATED 02-07-2021 ISSUED BY
AUTHORIZED OFFICER OF THE SOUTH INDIAN BANK TO THE
PETITIONER
Exhibit P4 TRUE COPY OF THE LETTER DATED 13-10-2021 FROM THE
AUTHORIZED SIGNATORY OF THE RESPONDENT TO PETITIONER
Exhibit P5 TRUE COPY OF THE POSSESSION NOTICE DATED 23-02-2022
ISSUED BY RESPONDENT
Exhibit P6 TRUE COPY OF THE LETTER DATED 12-09-2022 ISSUED BY THE
RESPONDENT TO THE PETITIONER AND ITS APPENDIX
CONTAINING THE TERMS OF COMPROMISE
Exhibit P7 TRUE COPY OF THE E-MAIL DATED 17-03-2023 FROM THE
DEALING OFFICER OF THE RESPONDENT TO THE PETITIONER
Exhibit P8 TRUE COPY OF LETTER DATED 04-10-2023 FROM PETITIONER TO
RESPONDENT
Exhibit P9 TRUE COPY OF LETTER DATED 18-10-2023 BY RESPONDENT TO
THE PETITIONER
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17-11-2023 IN W.P.(C)
NO. 37355/2023 PASSED BY HONOURABLE HIGH COURT
Exhibit P11 TRUE COPY OF THE OTS PROPOSAL DATED 07-12-2023 SENT BY
PETITIONER TO RESPONDENT BY REGISTERED POST
Exhibit P12 TRUE COPY OF MC NO. 324/24 ON THE FILE OF CHIEF
JUDICIAL MAGISTRATE COURT, KOLLAM
Exhibit P13 TRUE COPY OF THE PETITION IN CMP NUMBER 153/24 FILED BY
PETITIONER BEFORE THE CJM KOLLAM DATED 31.01.2024 TO
DISMISS EXHIBIT P12
Exhibit P14 TRUE COPY OF OBJECTION DATED 15-02-2024 FILED BY
RESPONDENT IN CMP NUMBER 153/24 BEFORE THE CJM KOLLAM
Exhibit P15 TRUE COPY OF THE COMMUNICATION NUMBER ARCIL /MCRG /OP/
MUM-HO/FY2023-24/4928 DATED 07-02-2024 FROM THE
RESPONDENT TO THE PETITIONER
Exhibit P16 TRUE COPY OF THE POSTAL TRACK CONSIGNMENT NUMBER
RM6748086701N
Exhibit P17 TRUE COPY OF THE PETITION DATED 21.03.2024 TO DISMISS
EXHIBIT P12 (WHICH WAS ORIGINALLY NUMBERED AS CMP
153/2024 AND LATER RENUMBERED AS MC 324/2024)
Exhibit P18 TRUE COPY OF THE ORDER DATED 25.03.2024 IN CRL.M.P NO
869/24 IN CMP NO.153/24 BEFORE THE CJM KOLLAM
Exhibit P19 TRUE COPY OF ORDER DATED 26-03-2024 IN M.C. NO. 324 /24
BEFORE CJM KOLLAM
Exhibit P20 TRUE COPY OF THE REPRESENTATION DATED 17.4.2024 FROM
PETITIONER TO THE RESPONDENT
Exhibit P21 TRUE COPY OF THE NOTICE DATED 27.5.2024 FROM THE
ADVOCATE COMMISSIONER TO THE PETITIONER
Exhibit P22 COPY OF THE PROCEEDINGS OF THE DRT ON 31.5.24
DOWNLOADED FROM THE DRT WEBSITE
WP(C) No.20612/2024 4/4 Order Date : 10-06-2024
Exhibit P23 TRUE COPY OF THE JUDGMENT DATED 6.6.24 IN OP (C ) NO
