Kerala High Court
M/S Classic Agencies vs The Regional Office on 1 August, 2025
2025:KER:57761
W.P.(C) No.24490 of 2025
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 24490 OF 2025
PETITIONERS:
1 M/S CLASSIC AGENCIES,
WHICH WAS INITIALLY LOCATED AT 19/49A,
ABBA SAW MILL COMPOUND, PUTHIYAPALAM, CHALAPPURAM,
KOZHIKODE,AND THEREAFTER RELOCATED TO RACHANA
22/940, KADAVATH ROAD, THIRUVANNUR (PO), WEST
MANKAVU, KOZHIKODE, A PARTNERSHIP FIRM, HAVING ITS
OFFICE PRESENTLY LOCATED AT 18/1015A SAJITHA
BUILDING, ODUMBRA BAZAR, ODUMBRA, KOZHIKODE,
REPRESENTED BY THE PARTNER MANI V.,
S/O LATE SREEDHARAN, VAZHAYIL HOUSE, THIRUVANNUR
(PO), KOZHIKODE- IN PANNIYANKARA VILLAGE & DESOM OF
KOZHIKODE TALUK IN KOZHIKODE DISTRICT, PIN-673019
2 M/S BHARATH ELECTRONICS,
5/3411, GROUND FLOOR, ESHA ARCADE, AZHAKODI TEMPLE
ROAD, MAVOOR ROAD, KOZHIKODE, A PARTNERSHIP FIRM,
WHICH HAS TERMINATED ALL ITS BUSINESS OPERATIONS
SINCE MARCH 2024, REPRESENTED BY THE PARTNER MANI
V., S/O LATE SREEDHARAN, VAZHAYIL HOUSE,
THIRUVANNUR (PO), KOZHIKODE- IN PANNIYANKARA
VILLAGE & DESOM OF KOZHIKODE TALUK IN KOZHIKODE
DISTRICT, PIN-673004
3 M/S AMBADI APPLIANCES,
18/170, 180 PONNARAMBATH BUILDING, KADALUNDY ROAD,
FEROKE, KOZHIKODE, A PARTNERSHIP FIRM WHICH HAS
TERMINATED ALL ITS BUSINESS OPERATIONS SINCE JUNE
2024.REPRESENTED BY THE PARTNER UNNIKRISHNAN. V,
S/O LATE SREEDHARAN, VAZHAYIL HOUSE, THIRUVANNUR
(PO), KOZHIKODE- IN PANNIYANKARA VILLAGE & DESOM OF
KOZHIKODE TALUK IN KOZHIKODE DISTRICT, PIN-673631
2025:KER:57761
W.P.(C) No.24490 of 2025
-2-
4 MANI. V.,
AGED 66 YEARS, S/O LATE SREEDHARAN,
VAZHAYIL HOUSE, THIRUVANNUR (PO), KOZHIKODE, IN
PANNIYANKARA VILLAGE & DESOM OF KOZHIKODE TALUK
IN KOZHIKODE DISTRICT, PIN-673029
5 UNNIKRISHNAN. V.,
AGED 56 YEARS, S/O LATE SREEDHARAN,
VAZHAYIL HOUSE, THIRUVANNUR (PO), KOZHIKODE,
IN PANNIYANKARA VILLAGE & DESOM OF KOZHIKODE TALUK
IN KOZHIKODE DISTRICT, PIN - 673029
6 JAYAPRAKASH. K,
AGED 59 YEARS, S/O LATE CHATHUKKUTTY,
SHEENA NIVAS, MALAPARAMBA (PO), KOZHIKODE,
IN CHEVAYUR VILLAGE & DESOM OF KOZHIKODE TALUK
IN KOZHIKODE DISTRICT, PIN-673009
7 OBAIDULLAH KHAN. A.,
AGED 58 YEARS, S/O LATE AMANULLAH KHAN, 28/3515B,
NEAR POTTAMMAL WATER TANK, KUTHIRAVATTOM (PO),
KOZHIKODE,IN NELLIKKODE VILLAGE & DESOM OF
KOZHIKODE TALUK IN KOZHIKODE DISTRICT, PIN-673016
8 HARIHARAN P K.,
AGED 58 YEARS, S/O LATE KRISHNAN,
PANAEER KANDY, P K HOUSE, KOMMERY (PO), KOZHIKODE,
IN KOMMERY VILLAGE & DESOM OF KOZHIKODE TALUK IN
KOZHIKODE DISTRICT, PIN-673007
9 ASOKAN M.,
AGED 57 YEARS, S/O LATE VELUKKUTTY,
MUNDERI HOUSE, GURUVAYURAPPAN COLLEGE (PO),
KOZHIKODE,IN OLAVANNA VILLAGE & IRINGALLOOR DESOM
OF KOZHIKODE TALUK IN KOZHIKODE DISTRICT,
PIN-673014
0 SUNIL KUMAR M.,
AGED 54 YEARS, S/O LATE VELUKKUTTY,
MUNDERI HOUSE, GURUVAYURAPPAN COLLEGE (PO),
KOZHIKODE,IN OLAVANNA VILLAGE & IRINGALLOOR DESOM
OF KOZHIKODE TALUK IN KOZHIKODE DISTRICT,
PIN-673014
2025:KER:57761
W.P.(C) No.24490 of 2025
-3-
11 GOURI DAS.T.,
AGED 53 YEARS, , S/O LATE SAMIKUTTY,
THALIYADATH HIOUSE, MEENCHANDA ARTS COLLEGE (PO),
KOZHIKODE, IN PANNIYANKARA VILLAGE & DESOM OF
KOZHIKODE TALUK IN KOZHIKODE DISTRICT, PIN-673018
12 SURAJ T.,
AGED 50 YEARS, S/O LATE GOVINDANKUTTY NAIR,
NADUMKANDATHIL HOUSE, MANASSERY (PO), KOZHIKODE,
IN THAZHEKODE VILLAGE & DESOM OF KOZHIKODE TALUK IN
KOZHIKODE DISTRICT, PIN - 673602
13 KAMALAM,
AGED 80 YEARS, W/O LATE SREEDHARAN, VAZHAYIL HOUSE,
THIRUVANNUR (PO), KOZHIKODE IN PANNIYANKARA VILLAGE
& DESOM OF KOZHIKODE TALUK IN KOZHIKODE DISTRICT,
PIN - 673029
14 ANANDAN K.,
AGED 62 YEARS, S/O LATE BALAKRISHNAN NAIR,
1/70 AMBADI HOUSE, GURUVAYURAPPAN COLLEGE (PO),
KOZHIKODE- IN OLAVANNA VILLAGE & IRINGALLOOR DESOM
OF KOZHIKODE TALUK IN KOZHIKODE DISTRICT, PIN -
673014
15 SUDHEENDRAN K M.,
AGED 62 YEARS, S/O LATE KRISHNA KURUP, GEETHALAYAM,
GURUVAYURAPPAN COLLEGE (PO), KOZHIKODE-OLAVANNA
VILLAGE & IRINGALLOOR DESOM OF KOZHIKODE TALUK IN
KOZHIKODE DISTRICT, PIN - 673014
16 SUPRIYA K V.,
AGED 51 YEARS
W/O UNNIKRISHNAN. V, VAZHAYIL HOUSE, THIRUVANNUR
(PO), KOZHIKODE-IN PANNIYANKARA VILLAGE & DESOM OF
KOZHIKODE TALUK IN KOZHIKODE DISTRICT, PIN - 673029
17 JITHESH.K.,
AGED 48 YEARS, S/O LATE GOPINATHA KURUP,
UDAYAM HOUSE, VELLIPARAMBA (PO),
KOZHIKODE- IN KUTTIKKATTTOOR VILLAGE &
VELLIPARAMBA DESOM OF KOZHIKODE TALUK IN
KOZHIKODE DISTRICT, PIN - 673008
2025:KER:57761
W.P.(C) No.24490 of 2025
-4-
BY ADVS.
SHRI.DHANANJAY DEEPAK
SHRI.DEEPAK DEV L.N.
RESPONDENTS:
1 THE REGIONAL OFFICE,
INDIAN OVERSEAS BANK, KOZHIKODE , REPRESENTED BY
ITS REGIONAL MANAGER AND HAVING ITS OFFICE AT SL
TOWERS, 1ST &2ND FLOORS, NEAR ENGLISH CHURCH,
NADAKKAVU (PO), KOZHIKODE, KERALA, PIN - 673011
2 INDIAN OVERSEAS BANK,
SPECIALIZED ARM BRANCH, ERNAKULAM REPRESENTED BY
ITS CHIEF MANAGER AND HAVING ITS OFFICE AT 1ST
FLOOR, IOB BUILDING, NEAR KAVITHA THEATRE, MG ROAD,
ERNAKULAM, KERALA, PIN - 682035
3 INDIAN OVERSEAS BANK,
MAVOOR ROAD BRANCH, KOZHIKODE REPRESENTED BY ITS
MANAGER, AND HAVING ITS OFFICE AT THE 1ST FLOOR,
SHOBHA TOWER 5/3412, MAVOOR ROAD, ARAYIDATHUPALAM,
KOZHIKODE CITY, KERALA, PIN - 673004
BY ADV. SMT.VIDYA GANGADHARAN
SRI.SUNIL SHANKAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:57761
W.P.(C) No.24490 of 2025
-5-
MOHAMMED NIAS C.P., J.
-----------------------------------------------
W.P.(C) No.24490 of 2025
----------------------------------------------
Dated this the 1st day of August, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
(1) Issue a writ of mandamus to the 1st respondent
bank not to cancel the Ext P2 OTS and consider Ext
P6 proposal submitted by the petitioners
favourably for extending the Ext. P2 OTS.
(2) Direct the Respondents to keep in abeyance all
the coercive steps against the secured assets of the
petitioners, till the determination of Ext P6
proposal submitted by the petitioners to the 1st
respondent.
(3) Grant such other appropriate reliefs and orders
that are deemed fit, just, proper and necessary
based on the facts and circumstances of the case by
this Hon'ble Court.
2. Learned Standing Counsel, on instruction, submits that on
Ext.P6 proposal submitted by the petitioners, a decision has been
taken by the Bank.
2025:KER:57761
3. Learned counsel for the petitioners submits that they have
not received any communication.
4. Accordingly, there will be a direction to the respondents to
communicate the decision taken on Ext.P6 within a week. To enable
the petitioners to work out their remedies, no steps shall be taken by
the Bank against the petitioners for two weeks from today.
The Writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2025:KER:57761
APPENDIX OF WP(C) 24490/2025
PETITIONERS' EXHIBITS
Exhibit P1. A TRUE COPY OF THE DOCUMENT DULY ATTESTED
BY THE AGRICULTURAL OFFICER, KRISHI
BHAVAN, MAVOOR SHOWING THE LAND IN RS NO.
26/2 IN VALAYANNUR DESOM OF MAVOOR
VILLAGE AS PART OF DATABANK OF PADDYLANDS
AND WETLANDS AS PUBLISHED IN THE KERALA
GAZETTE ON 24/03/2012,RELEVANT PAGE
Exhibit P2. A TRUE COPY OF THE CONSOLIDATED SANCTION
OF ONE TIME SETTLEMENT DATED 26/12/2024
Exhibit P3. A TRUE COPY OF THE STATEMENT OF ACCOUNT
NO. 141101000008508 AS PROOF OF PAYMENT
OF THE ABOVE AMOUNT
Exhibit P4. A TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE CJM, KOZHIKODE IN CMP NO.
2983/2024 OF CMP NO. 690/2023 DATED
4/1/2025
Exhibit P5. A TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE CJM, KOZHIKODE IN CMP NO.
690/2023 20/1/2025
Exhibit P6. A TRUE COPY OF THE WRITTEN PROPOSAL DATED
16/06/2025
