Kerala High Court
M/S. Grids Engineers And Contractors vs Union Bank Of India on 24 October, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.18030/2024 1/3 Order Date : 24-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 24th day of October 2024 / 2nd Karthika, 1946
IA.NO.1/2024 IN WP(C) NO. 18030 OF 2024
APPLICANTS/PETITIONERS:
1. M/S. GRIDS ENGINEERS AND CONTRACTORS AGED 46 YEARS MMC/IX/456/A7,
ATHIRA COMPLEX, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM, REPRESENTED
BY ITS MANAGING PARTNER SHINE V. RAJ., PIN - 686669
2. SHINE V. RAJ AGED 46 YEARS S/O. V.A. RAJAN, MANAGING PARTNER, M/S.
GRIDS ENGINEERS AND CONTRACTORS, MMC/IX/456/A7, ATHIRA COMPLEX,
MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM RESIDING AT VARAMBATHUKUDIYIL
HOUSE, VELLOORKUNNAM P.O., MUDAVOOR, MUVATTUPUZHA, ERNAKULAM , PIN -
686669
3. V.A. RAJAN AGED 79 YEARS VARAMBATHUKUDIYIL HOUSE, VELLOORKUNNAM
P.O., MUDAVOOR, MUVATTUPUZHA, ERNAKULAM , PIN - 686669
RESPONDENTS/RESPONDENTS:
1. UNION BANK OF INDIA REGIONAL OFFICE KOTTAYAM, 3RD FLOOR, AMALA
TOWERS, ADICHIRA JUNCTION, KOTTAYAM, REPRESENTED BY ITS CHIEF
MANAGER AND AUTHORIZED OFFICER, , PIN - 686630
2. THE BRANCH MANAGER UNION BANK OF INDIA (E-ANDHRA BANK) , THODUPUZHA
BRANCH, 1ST FLOOR, VELLARINGAT TOWERS, BY PASS JUNCTION, THODUPUZHA,
IDUKKI DISTRICT , PIN - 685584
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge and extend
the time granted in the judgment dated 24-06-2024 by deferring the
instalment payments of October and November 2024, by re-scheduling the
payment as ordered in the judgment by enlarging and extending the time
from December 2024 onwards, for the ends of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI. BIJU ABRAHAM, Advocate for the petitioner and of M/S. ASP.KURUP,
SADCHITH.P.KURUP, C.P.ANIL RAJ), SIVA SURESH, ATHIRA VIJAYAN, B.SREEDEVI,
Advocates for the respondents, the court passed the following:
WP(C) No.18030/2024 2/3 Order Date : 24-10-2024
N. NAGARESH, J.
----------------------------
I.A.No.1 of 2024
in
W.P.(C) No.18030 of 2024
--------------------------------------------------
Dated this the 24th day of October, 2024
ORDER
The direction of this Court to the petitioners was to
remit the outstanding amount of ₹85 lakhs in six equal and
consecutive monthly installments. The petitioners submit that
₹69 lakhs has already been remitted. The petitioners seek a
breathing time to pay next installment.
2. Standing Counsel to get instructions.
Post on 28.10.2024.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C) No.18030/2024 3/3 Order Date : 24-10-2024
APPENDIX OF WP(C) 18030/2024
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 19-08-2021 BY THE 1ST
RESPONDENT TO THE PETITIONERS
Exhibit P2 A TRUE COPY OF THE OBJECTION SENDS BY THE 1ST
PETITIONER TO THE 1ST RESPONDENT DATED 27-12-2021
ExhibitP3 A TRUE COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT
TO THE 1ST PETITIONER DATED 10-01-2022
Exhibit P4 A TRUE COPY OF THE REPLY OF THE 1ST PETITIONER TO THE
1ST RESPONDENT DATED 21-01-2022
Exhibit P5 A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST
RESPONDENT AS AGAINST THE PROPERTY OF 2ND PETITIONER
DATED 20-05-2022
Exhibit P6 A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST
RESPONDENT AS AGAINST THE PROPERTY OF 3RD PETITIONER
DATED 20-05-2022
Exhibit P7 A TRUE COPY OF THE REPLY DATED 21-05-2022 OF THE 1ST
PETITIONER TO THE 1ST RESPONDENT
Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 19-07-2022 OF
THE 1ST PETITIONER TO THE 1ST RESPONDENT
Exhibit P9 A TRUE COPY OF THE SALE NOTICE DATED 18-07-2022 OF THE
1ST RESPONDENT TO THE PETITIONERS
Exhibit P10 A TRUE COPY OF THE ORDER DATED 29-08-2022 OF THE DEBT
RECOVERY TRIBUNAL, ERNAKULAM IN I.A. NO. 1618/2022 IN
S.A. NO. 379 OF 2022
Exhibit P11 A TRUE COPY OF THE NOTICE GIVEN BY THE ADVOCATE
COMMISSIONER DATED 18-05-2024 TO THE PETITIONERS
Exhibit P12 A TRUE COPY OF THE APPLICATION FOR ENLARGEMENT AND
EXTENSION OF INTERIM ORDER FILED AS I.A. NO. 1822/2024
IN S.A. NO. 379/2022 DATED 07-05-2024 ON THE FILES OF
THE DEBT RECOVERY TRIBUNAL, ERNAKULAM
Exhibit P13 A TRUE COPY OF THE APPLICATION FOR STAY FILED AS I.A.
NO. 1823/2024 IN S.A. NO. 379/2022 DATED 07-05-2024 ON
THE FILES OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM
Exhibit P14 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST &
2ND APPLICANTS TO THE RESPONDENTS DATED 09-10-2024
Exhibit R1A A true copy of the proceedings dated 16.8.2023 in SA
No. 379/2022 obtained from the online portal of DRT-1
Ernakulam
Exhibit R1B A true copy of the proceedings dated 22.09.2023 in SA
No. 379/2022 obtained from the online portal of DRT-1
Ernakulam
