M/S.Crown Products vs South Indian Bank Ltd
2024 Latest Caselaw 29800 Ker

Kerala High Court

M/S.Crown Products vs South Indian Bank Ltd on 22 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                             2024:KER:78637
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE D. K. SINGH

 TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                 WP(C) NO. 36935 OF 2024

PETITIONERS:

    1    M/S.CROWN PRODUCTS
         XII/III C, CHERUVANDOOR , UNIVERSITY ROAD,
         PEROOR, KOTTAYAM, KERALA-686631 REPRESENTED BY
         ITS MANAGING PARTNER, SAM V.S , S/O KURIAN
         STEPHEN, VANCHITHANATHU HOUSE, CHERUVANDOOR,
         ETTUMANOOR P.O, KOTTAYAM DISTRICT -, PIN - 686631

    2    SAM V.S
         AGED 62 YEARS
         S/O KURIAN STEPHEN, VANCHITHANATHU HOUSE,
         CHERUVANDOOR, ETTUMANOOR P.O,KOTTAYAM DISTRICT -,
         PIN - 686631

    3    MRS. ANITHA SAM
         AGED 56 YEARS
         W/O. SAM V.S ,VANCHITHANATHU HOUSE, CHERUVANDOOR,
         ETTUMANOOR P.O,KOTTAYAM DISTRICT -, PIN - 686631


         BY ADVS.
         SUBHASH CYRIAC
         SHEEBA JOSEPH
         ASHA JYOTHY
         SUNIL SADAN P.S.




RESPONDENTS:

    1    SOUTH INDIAN BANK LTD
         REGIONAL OFFICE KOTTAYAM, 1ST FLOOR REGENCY
         SQUARE, K.K ROAD,COLLECTORATE P.O, KOTTAYAM
         REPRESENTED BY ITS CHIEF OFFICER., PIN - 686002
 W.P.(C).No.36935 of 2024

                                                     2024:KER:78637
                                   2

     2       AUTHORISED OFFICER,
             SOUTH INDIAN BANK LTD, REGIONAL OFFICE, KOTTAYAM,
             1ST FLOOR REGENCY SQUARE, K.K ROAD, COLLECTORATE
             P.O, KOTTAYAM, PIN - 686002

     3       THE BRANCH MANAGER
             SOUTH INDIAN BANK LTD, ETTUMANOOR BRANCH, VETOOR
             SHOPING COMPLEX, MC ROAD, MANOOR, KOTTAYAM
             DISTRICT, PIN - 686631



OTHER PRESENT:

             SRI.P.A. AUGUSTINE-SC


      THIS     WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    22.10.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.36935 of 2024

                                                       2024:KER:78637
                                   3

                           D. K. SINGH, J.
                ------------------------------------------
                    WP(C).No.36935 Of 2024
                -------------------------------------------
              Dated this the 22nd day of October, 2024

                             JUDGMENT

The learned Counsel for the petitioners submits that

this writ petition has been rendered infructous as the Bank

has rejected the application of the petitioners to restructure

the loan.

In view of the aforesaid submission of the learned

Counsel for the petitioners, the writ petition is dismissed as

infructuous. Interim Order, if any, stands vacated.

Sd/-

D. K. SINGH JUDGE

Mms

2024:KER:78637

APPENDIX OF WP(C) 36935/2024

PETITIONERS EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE UNDER SECTION 13(2) SARFAESI ACT DATED 16-08-2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE LETTER DATED 30-08- 2024 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT

Exhibit P3 A TRUE COPY OF THE E-MAIL SENT TO THE RESPONDENTS ON 13-10-2024 BY THE PETITIONERS COUNSEL