Kerala High Court
M/S. Vebster India Surgicals Pvt. Ltd vs The Authorised Officer on 6 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
1
W.P.(C) No. 39189 OF 2024
2024:KER:83002
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024/15TH KARTHIKA, 1946
WP(C) NO. 39189 OF 2024
PETITIONERS:
1 M/S. VEBSTER INDIA SURGICALS PVT. LTD.,
AGED 22 YEARS,
10-66A, VAPPALISSERY, JOSEPURAM, ANGAMALY,
ERNAKULAM, KERALA, REPRESENTED BY MANAGING
DIRECTOR, GOVIND R MENON, PIN - 683572.
2 GOVIND R MENON,
AGED 22 YEARS, SON OF RAJESH MENON,
JAYA GOVINDAM, KURICHILAKODE, KODANAD,
KERALA, PIN - 683544.
3 LATHEEF V A,
AGED 53 YEARS, SON OF ABDULLAH,
RESIDING AT VALIYAGATH HOUSE,
SREE NARAYANA ROAD, KOTHAKULAM, VALAPPAD,
TRICHUR DISTRICT KERALA, PIN - 680567.
BY ADVS.
KALAM PASHA B.
VISHAKHA J.
JUVYRIA A.A.
HASNA ASHRAF T.A
RESPONDENTS:
1 THE AUTHORISED OFFICER,
CENTRAL BANK OF INDIA PERUMANUR BRANCH,
USNAS TOWER, PALLIMUKKU JUNCTION,
ERNAKULAM, KERALA, PIN - 682016.
2
W.P.(C) No. 39189 OF 2024
2024:KER:83002
2 THE BRANCH MANAGER,
CENTRAL BANK OF INDIA PERUMANUR BRANCH,
USNAS TOWER, PALLIMUKKU JUNCTION,
ERNAKULAM, KERALA, PIN - 682016.
SRI. K. M. ANEESH - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C) No. 39189 OF 2024
2024:KER:83002
D. K. SINGH, J.
--------------------------
W.P.(C) No. 39189 of 2024
-------------------------
Dated this the 6th day of November, 2024
JUDGMENT
1. The present writ petition has been filed for the following reliefs;
A. To issue a writ of mandamus or any other writ, order, or
direction to the respondents to stop all further proceedings
in respect of Exhibit P6 order dated 27-07-2024.
B. To issue a writ of mandamus or such other writ, order, or
direction to the respondents to grant sufficient time and
suitable installments to the petitioners to clear the entire
loan amount.
C. Grant any other relief or direction that this Hon'ble Court
deems fit and proper in the circumstances of the case.
D. To pass any further orders as may be necessary to meet
the ends of justice.
2. The petitioners had already approached DRT - I, Ernakulam
against SARFAESI measures taken by the Bank to realise its
outstanding dues in S.A. No. 501 of 2024. The DRT has passed an
interim order dated 22.10.2024 directing the petitioners to pay Rs.
50,00,000/- by 05.11.2024 and subject to making payment of the said
amount of Rs. 50,00,000/-, the Bank shall defer taking physical
W.P.(C) No. 39189 OF 2024
2024:KER:83002
possession of the secured assets.
3. The petitioners had not complied with the said interim order and
now they have approached this Court challenging the SARFAESI
proceedings initiated by the Bank.
4. The parallel proceedings to the DRT proceedings are not
maintainable before this Court. This Court is not a parallel Court or
Tribunal to the DRT. Therefore, I find no substance in this writ petition.
However, the petitioners may approach the Bank with substantial
upfront payment offer for one time settlement/restructuring the
loan/rescheduling the payment terms, if they are so advised. If the
petitioners approach the Bank with substantial upfront amount for
one time settlement/restructuring the loan/rescheduling the payment
terms within a period of fifteen days from today, the Bank shall defer
taking of the possession of the secured assets till the Bank considers
the offer/proposal for one time settlement/restructuring the loan/
rescheduling the payment terms.
Sd/-
D. K. SINGH
JUDGE
Svn
W.P.(C) No. 39189 OF 2024
2024:KER:83002
APPENDIX OF WP(C) 39189/2024
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THIS NOTICE, DATED 28-03-2024
EXHIBIT P2 A TRUE COPY OF THE REPLY, DATED 24-05-2024
EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 3-06-2024
EXHIBIT P4 A TRUE COPY OF THE INVITATION FOR THE REOPENING
OF THE FACTORY AT THIS NEW LOCATION
EXHIBIT P5 THE TRUE COPY OF THE NOTICE DATED 21-06-2024
EXHIBIT P6 A TRUE COPY OF THE ORDER APPOINTING THE
COMMISSIONER DATED 27-7-2024
EXHIBIT P7 A TRUE COPY OF THIS NOTICE DATED 17-10-2024
EXHIBIT P8 THE TRUE COPY OF THE ORDER DATED 22-10-22-10-
