Kerala High Court
M/S Benzer Steels Pvt. Ltd vs State Bank Of India on 6 September, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA NOS.1006 of 2024
& 1213 of 2024 1
2024:KER:68731
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WA NO. 1006 OF 2024
AGAINST THE JUDGMENT DATED 20.05.2024 IN WP(C) NO.10528
OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/ORIGINAL PETITIONER IN WRIT PETITION :
1 M/S BENZER STEELS PVT. LTD.,
(REGD. OFFICE), IX/181 C1,
VENGOOR, VENGOOR-POST, ANGAMALY,
ERNAKULAM-DIST, (REPRESENTED BY ITS MANAGING
DIRECTOR M P BABU AGED : 65 YEARS, OCC : BUSINESS,
S/O PAILAPPAN M L, RESIDING AT :- MOONJELY-HOUSE,
ANGAMALY-POST, ERNAKULAM-DIST).,
PIN - 683572
2 M P BABU
AGED 65 YEARS
OCC : BUSINESS, S/O PAILAPPAN M L,
RESIDING AT :- MOONJELY-HOUSE,
ANGAMALY-POST, ERNAKULAM-DIST,
PIN - 683572
BY ADV BIJU ANTONY ALOOR
RESPONDENTS/:
1 STATE BANK OF INDIA
REPRESENTED BY ITS AUTHORIZED OFFICER ASSETS
RECOVERY MANAGEMENT BRANCH,
S R BUILDING, M G ROAD,
ERNAKULAM-DISTRICT, PIN - 682011
WA NOS.1006 of 2024
& 1213 of 2024 2
2024:KER:68731
2 SMT.MOLLY BABU
AGED 55 YEARS
OCC : BUSINESS, W/O M P BABU,
RESIDING AT :- MOONJELY-HOUSE,
ANGAMALY-POST, ERNAKULAM-DIST,
PIN - 683572
BY SMT.S.LAKSHMY, STANDING COUNSEL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06.09.2024, ALONG WITH WA.1213/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA NOS.1006 of 2024
& 1213 of 2024 3
2024:KER:68731
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WA NO. 1213 OF 2024
AGAINST THE JUDGMENT DATED IN WP(C) NO.14875 OF 2024 OF
HIGH COURT OF KERALA
APPELLANTS/PETITIONERS 3 AND 5:
1 MOLLY BABU,
AGED 50 YEARS
MOONJELI HOUSE, CHURCH NAGAR,
ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572
2 MR. BINO BABU,
AGED 29 YEARS
S/O MR. M.P. BABU, AMOONJELI HOUSE, CHURCH NAGAR,
ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572
BY ADV K.I.TOGI
RESPONDENTS/PETITIONERS AND RESPONDENTS 1, 2 AND 4:
1 STATE BANK OF INDIA,
REPRESENTED BY ITS AUTHORIZED OFFICER,
STRESSED ASSETS RECOVERY BRANCH-I,
7TH FLOOR, VANKARATH TOWERS,
PALARIVATTOM BYPASS JUNCTION,
ERNAKULAM DISTRICT
DULY REPRESENTED BY ITS AUTHORIZED OFFICER
MRS. SOBHANA BALAKRISHNAN,
D/O. E K BALAKRISHNAN,
PIN - 682024
WA NOS.1006 of 2024
& 1213 of 2024 4
2024:KER:68731
2 CIRCLE INSPECTOR OF POLICE ,
ANGAMALY POLICE STATION
ERNAKULAM DISTRICT, PIN - 680308
3 BABU MP.,
AGED 55 YEARS
MOONJELI HOUSE, CHURCH NAGAR, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572
4 M/S BENZER STEELS PVT LTD.,
MOONJELI HOUSE, CHURCH NAGAR, ANGAMALY,
ERNAKULAM DISTRICT, PIN- 683572
DULY REPRESENTED BY ITS MANAGING DIRECTOR -BABU M P,
MOONJELI HOUSE, CHURCH NAGAR, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572
BY SMT.S.LAKSHMY, STANDING COUNSEL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06.09.2024, ALONG WITH WA.1006/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA NOS.1006 of 2024
& 1213 of 2024 5
2024:KER:68731
JUDGMENT
A.Muhamed Mustaque, Acg.C.J.
These matters are related to SARFAESI proceedings. It
is submitted by the learned counsel for the bank that the sale has
already taken place during the pendency of the writ petitions.
We are of the view that the matter has become
infructuous. If the appellants are aggrieved by the sale, they are
free to approach the Debt Recovery Tribunal in accordance with
the law.
Accordingly, these writ appeals are dismissed as
infructuous.
Sd/-
A.MUHAMED MUSTAQUE,
ACTING CHIEF JUSTICE
Sd/-
S.MANU,
JUDGE
rkj
