Kerala High Court
M/S. Najeem Cashew Industries, ... vs Asset Reconstruction Company (India) ... on 23 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:79079
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA,
1946
OP (DRT) NO. 319 OF 2024
PETITIONER/PETITIONER:
M/S. NAJEEM CASHEW INDUSTRIES, REPRESENTED BY ITS
PROPRIETOR MR. NAJUMMUDEEN MUSALIAR,
AGED 55 YEARS
SHAFI MANZIL, TKMC (P.O), KARIKODE, KOLLAM, PIN -
691005
BY ADVS.
T.R.HARI KRISHNAN
T.K.RADHAKRISHNAN
S.SREEDEVI(ALP)
CHITHRA R.SHENOY
K.S.SREEREKHA
MOHAMMAD SABIR V.A
RESPONDENT/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
BY ADVS.
B.S.SURESH KUMAR
ASHLEY JOHN
RANJANA V.
ANUSREE C.S.
O.P.(DRT).No.319 of 2024
2024:KER:79079
2
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 23.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(DRT).No.319 of 2024
2024:KER:79079
3
JUDGMENT
(Dated this the 23rd day of October, 2024)
The present OP(DRT) seeking a direction to the
Debts Recovery Appellate Tribunal, Chennai to hear and
dispose of Ext.P31 appeal, in MISC Appeal (Diary)
No.1512/2024, Reference No.2567711245 filed by the
petitioner. Against the petitioner's application for interim
relief, I.A.No.2405/2024 filed in S.A.No.300/2024 has been
rejected vide order dated 16.08.2024. The Tribunal had
noted that the outstanding liability of the petitioner is
around Rs.87,00,00,000/- and the petitioner did not comply
with the earlier interim order dated 10.06.2024.
2. The petitioner has filed the defective appeal
without making any statutory deposit as per the mandate of
Rule 9 of the Debts Recovery Appellate Tribunal (Procedure)
Rules, 1994. The appeal itself is not maintainable in the
absence of the statutory deposit and therefore, this Court
does not find any ground to issue a direction sought in this
OP( DRT) as in an appeal which is not maintainable.
2024:KER:79079
3. This is not the first time the petitioner has
approached this Court. The petitioner earlier approached
this Court by filing OP(DRT).No.217/2024, whereby this
Court dismissed the OP(DRT) leaving it open to the
petitioner to take recourse to any other remedy against the
order passed by the Debts Recovery Tribunal.
Considering the huge amount of outstanding and
without any intention on the part of the petitioner to pay,
this Court finds no ground to entertain this OP (DRT) and is
hereby dismissed.
Sd/-
D. K. SINGH
JUDGE
Mms
2024:KER:79079
APPENDIX OF OP (DRT) 319/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED
19-05-2021
Exhibit P2 COPY OF THE REPLY DATED 14-06-2021
Exhibit P3 COPY OF THE REPLY DATED 02-07-2021
Exhibit P4 A COPY OF THE LETTER DATED 13-10-2021
FROM THE AUTHORIZED SIGNATORY OF THE
RESPONDENT
Exhibit P5 TRUE COPY OF THE POSSESSION NOTICE
DATED 23-02-2022
Exhibit P6 TRUE COPY OF THE LETTER DATED 12-09-
2022 FROM THE RESPONDENT AND ITS
APPENDIX CONTAINING THE TERMS OF
COMPROMISE
Exhibit P7 TRUE COPY OF THE E-MAIL DATED 17-03-
2023 FROM THE RESPONDENT
Exhibit P8 TRUE COPY OF THE LETTER DATED 04-10-
Exhibit P9 TRUE COPY OF THE LETTER DATED 18-10-
2023 BY THE RESPONDENT
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17-11-
2023 IN W.P.(C) NO. 37355/2023
Exhibit P11 TRUE COPY OF THE OTS PROPOSAL DATED 07-
12-2023
Exhibit P12 TRUE COPY OF MC NO. 324/24 SUBMITTED
BEFORE THE CHIEF JUDICIAL MAGISTRATE
COURT, KOLLAM
Exhibit P13 TRUE COPY OF THE PETITION DATED
31.01.2024 TO DISMISS EXHIBIT P12
2024:KER:79079
Exhibit P14 TRUE COPY OF OBJECTION DATED 15.02.24
FILED BY RESPONDENT AGAINST EXHIBIT P13
Exhibit P15 TRUE COPY OF THE COMMUNICATION DATED
07.02.2024
Exhibit P16 TRUE COPY OF POSTAL TRACK CONSIGNMENT
NUMBER RM6748086701N
Exhibit P17 TRUE COPY OF THE PETITION DATED
21.03.2024 TO DISMISS EXHIBIT P12
Exhibit P18 TRUE COPY OF THE ORDER DATED 25.03.2024
IN CRL. M.P NO. 869/24 IN CMP
Exhibit P19 TRUE COPY OF ORDER DATED 26.03.2024 IN
Exhibit P20 TRUE COPY OF NOTICE ISSUED TO THE
PETITIONER BY THE ADVOCATE COMMISSIONER
Exhibit P21 TRUE COPY OF SA (SECURITIZATION
APPLICATION) 300/2024
Exhibit P22 TRUE COPY OF REQUEST LETTER BY THE
PETITIONER DATED 17.04.2024
Exhibit P23A PROCEEDINGS OF THE HON'BLE DRT DATED
31.05.2024
Exhibit P23B THE PROCEEDINGS OF THE HON'BLE DRT
DATED 10.06.2024
Exhibit P24 TRUE COPY OF THE PETITION DATED
21.06.2024
Exhibit P25 PROCEEDINGS OF THE DRT DATED 01.07.2024
Exhibit P26 TRUE COPY OF THE IA FILED IN SA
Exhibit P27 TRUE COPY OF THE MSME CERTIFICATE
2024:KER:79079
Exhibit P28 TRUE COPY OF OBJECTION DATED 16.08.2024
FILED BY THE RESPONDENT IN SA 300/2024
Exhibit P29A PROCEEDINGS DATED 16.08.2024 PASSED BY
THE HON'BLE DRT, ERNAKULAM
Exhibit P29B PROCEEDINGS DATED 06.09.2024 PASSED BY
THE HON'BLE DRT, ERNAKULAM
Exhibit P29C PROCEEDINGS DATED 30.09.2024 PASSED BY
THE HON'BLE DRT, ERNAKULAM
Exhibit P30A TRUE COPY OF THE FILING RECORDS OF THE
DIARY NUMBER 1512/2024 DATED 16.10.2024
BEFORE DRAT, CHENNAI
Exhibit P30B TRUE COPY OF THE FILING RECORDS OF THE
DIARY NUMBER 1515/2024 DATED 16.10.2024
BEFORE DRAT, CHENNAI
Exhibit P30C TRUE COPY OF THE FILING RECORDS OF THE
DIARY NUMBER 1514/2024 DATED 16.10.2024
BEFORE DRAT, CHENNAI
Exhibit P30D TRUE COPY OF THE FILING RECORDS OF THE
DIARY NUMBER 1513/2024 DATED 16.10.2024
BEFORE DRAT, CHENNAI
Exhibit P31 TRUE COPY OF THE APPEAL, WHICH WAS
FILED BEFORE THE HON'BLE DRAT ALONG
WITH OTHER APPLICATIONS
Exhibit P32 TRUE COPY OF ORDER DATED 30.08.2024 IN
O.P. (DRT) NO.265 OF 2024
Exhibit P33 TRUE COPY OF ORDER DATED 22.07.2024 IN
Exhibit P34 TRUE COPY OF ORDER IN W.P.(MD)NO.21556
OF 2024 BEFORE THE HON'BLE HIGH COURT
OF JUDICATURE OF MADRAS
