Kerala High Court
M/S. Dil Ruba Garments vs Union Bank Of India on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 28066 OF 2023
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2024:KER:79034
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. 28066 OF 2023
PETITIONERS:
1 M/S. DIL RUBA GARMENTS
AGED 33 YEARS
KUTTIVATTOM, VADAKKUMTHALA PO., KARUNAGAPPALLY, KOLLAM
DISTRICT. PIN. 690536, REPRESENTED BY ITS
‘PROPRIETOR', MRS. SHYMA S., AGED 33 YEARS, W/O.
NASSIM E, RESIDING AT KALEELIL PUTHEN VEEDU, VADAKKUMTHALA
PO., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690536
2 SHYMA S
AGED 33 YEARS
2.W/O. NASSIM E, ‘PROPRIETOR', M/S. DIL RUBA GARMENTS,
RESIDING AT KALEELIL PUTHEN VEEDU, VADAKKUMTHALA PO.,
KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690536
3 NASSIM E
AGED 43 YEARS
RESIDING AT KALEELIL PUTHEN VEEDU, VADAKKUMTHALA PO.,
KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690536
4 SHINE S
AGED 35 YEARS
DANDU MANGALAM, KALLELIBHAGOM PO., THODIYOOR, KOLLAM., PIN -
690518
BY ADVS.
S.JAYAKRISHNAN
S.PARAMESWARA PRASAD
RESPONDENTS:
1 UNION BANK OF INDIA
REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE,
KOLLAM, SECOND FLOOR, BSNL TELEPHONE EXCHANGE, CHINNAKADA,
KOLLAM, PIN - 691001
2 THE BRANCH MANAGER
UNION BANK OF INDIA, KUTTIVATTOM BRANCH, VADAKKUMTHALA PO.,
KARUNAGAPPALLY, KOLLAM DISTRICT., PIN - 690536
WP(C) NO. 28066 OF 2023
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3 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
KOLLAM EVENING BRANCH, KOLLAM REPRESENTED BY ITS BRANCH
MANAGER., PIN - 690001
SRI.A.S.P.KURUP-SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28066 OF 2023
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JUDGMENT
Dated this the 22nd day of October, 2024
In view of the not pressed memo dated 08.10.2024,
filed by the learned counsel for the petitioner, the present
writ petition is dismissed as not pressed.
Sd/-
D. K. SINGH
JUDGE
AP
WP(C) NO. 28066 OF 2023
2024:KER:79034
APPENDIX OF WP(C) 28066/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF NOTICE DATED 30.10.2021 ISSUED UNDER
SECTION 3(E) (1) OF THE NATIONAL HIGHWAY ACT,
1956 BY THE SPECIAL DEPUTY COLLECTOR (L.A.)
N.H.A.I COMPETENT AUTHORITY TO THE 3RD PETITIONER
Exhibit P2 TRUE COPY OF POSSESSION NOTICE DATED 08.10.2021
ISSUED BY THE 1STRESPONDENT TO THE 1STPETITIONER
UNDER RULE 8(1) OF THE SECURITY INTEREST
(ENFORCEMENT) RULES, 2002
Exhibit P3 TRUE COPY OF JUDGMENT DATED 22.03.2022 IN W.P.(C)
NO. 9707/2022 OF THIS HON'BLE COURT
Exhibit P4 TRUE COPY OF JUDGMENT DATED 15.11.2022 IN W.P.(C)
NO. 23665/2022 OF THIS HON'BLE COURT
Exhibit P5 TRUE COPY OF LETTER NO. 231/306/2022-110,113
DATED 12.05.2023 ISSUED BY THE 3RD RESPONDENT TO
THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF NOTICE DATED 10.08.2023 ISSUED BY
THE ADVOCATE COMMISSIONER UNDER THE PROVISIONS OF
THE SARFAESI ACT TO THE PETITIONERS
Exhibit P7 TRUE COPY OF LETTER NO. 231/306/2022-110 DATED
14.08.2023 ISSUED BY THE 3RDRESPONDENT TO THE 2ND
RESPONDENT
Exhibit P8 TRUE COPY OF REPRESENTATION DATED 16.08.2023
SUBMITTED BY THE PETITIONERS BEFORE THE 1ST
RESPONDENT
