Kerala High Court
M/S. M.D. Esthappan Infrastructure ... vs Reserve Bank Of India on 7 February, 2025
2025:KER:10058
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
WP(C) NO. 4631 OF 2025
PETITIONERS:
1 M/S. M.D. ESTHAPPAN INFRASTRUCTURE PVT. LTD.
REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE,
MR. BIJI STEPEHEN
HAVING ITS REGISTERED ADDRESS AT: 144,
RAILWAY STATION NAGAR, NEAR ST. JOSEPH HIGH
SCHOOL, ANGAMALY, ERNAKULAM, PIN - 683 572.
2 MR. M.D. ESTHAPPAN
MANAGING DIRECTOR OF M.S. M.D. ESTHAPPAN
INFRASTRUCTURE PVT. LTD. THROUGH POWER ATTORNEY
HOLDER MR. BIJI STEPEHEN, S/O. DEVASSY, 14/306,
MOOLAN HOUSE, NH 47, NEAR ST. JOSEPH,
PIN - 683 572.
BY ADVS.
MARIA NEDUMPARA
SHAMEEM FAYIZ V.P.
RESPONDENTS:
1 RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR
SHAHID BHAGAT SINGH ROAD, FORT, MUMBAI,
PIN - 400 001.
2 BOARD OF DIRECTORS OF DHANLAXMI BANK LTD.
REPRESENTED BY ITS CEO &MANAGING DIRECTOR
REGISTERED OFFICE, DHANALAKSHMI BUILDINGS,
P.B NO. 9, NAICKANAL, THRISSUR, KERALA,
PIN - 680 001.
3 DHANLAXMI BANK LTD
REPRESENTED BY ITS CEO &MANAGING DHANALAKSHMI
BUILDINGS, P.B. NO. 9, NAICKANAL, THRISSUR,
KERALA, PIN - 680 001.
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WP(C) 4631/2025 2
4 AUTHORISED OFFICER & CHIEF MANAGER
DHANLAXMI BANK LTD., REGIONAL OFFICE,
DHANALAKSHMI BUILDINGS, 1ST FLOOR, MARINE DRIVE,
KOCHI, KERALA, PIN - 682 031.
5 MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES
REPRESENTED BY ITS SECRETARY.
UDYOG BHAWAN, RAFI MARG, NEW DELHI,
PIN - 110 001.
6 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF FINANCIAL SERVICES,
MINISTRY OF FINANCE, 3RD FLOOR,
JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI,
PIN - 110 001.
7 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
8 GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE, ERNAKULAM,
PIN - 682 030.
9 CHAIRMAN
EMPOWERED COMMITTEE ON MSMES REGIONAL OFFICE,
RESERVE BANK OF INDIA BAKERY JUNCTION,
P.B. NO. 6507, THIRUVANANTHAPURAM, PIN - 695 033.
0 CHAIRMAN
STATE LEVEL INTER-INSTITUTIONAL COMMITTEE
REGIONAL OFFICE, RESERVE BANK OF INDIA,
BAKERY JUNCTION, P.B. NO. 6507,
THIRUVANANTHAPURAM, PIN - 695 033.
11 GAIL (INDIA) LTD.
REPRESENTED BY ITS GENERAL MANAGER,
KINFRA HI-TECH PARK, OFF - HMT ROAD,
HMT COLONY P.O., KALAMASSERY ERNAKULAM,
PIN - 689 503.
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WP(C) 4631/2025 3
12 BHARAT PETROLEUM CORPORATION LTD
REPRESENTED BY ITS MANAGING DIRECTOR,
KOCHI REFINERY, AMBALAMUGAL ERNAKULAM,
PIN - 683 202.
13 COCHIN SMART MISSION LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR
10TH FLOOR, REVENUE TOWER, PARK AVENUE,
ERNAKULAM, PIN - 682 011.
BY ADVS.
C.K.KARUNAKARAN, SC,
T.C.KRISHNA, SCGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) 4631/2025 4
JUDGMENT
This writ petition has been filed challenging Ext.P3
notification to the extent that the framework for revival
and rehabilitation of Micro, Small & Medium Enterprises
notified by the Government of India under the provisions of
the Micro, Small and Medium Enterprises Development
Act, 2006, shall be restricted to accounts with
exposure/loan limits up to Rs.25 crores.
2. The learned counsel appearing for the respondent
bank points out, and rightly so, that W.P(C)No.46514/2024
is pending before this Court at the instance of the
petitioners, and the bank has taken a specific contention in
the counter affidavit filed in that case that the petitioners
are not entitled to the benefit of the framework for revival
and rehabilitation of Micro, Small & Medium Enterprises
on account of the fact that the loan account in question will
be outside the scope of the framework going by the terms
of Ext.P3 notification. It is submitted that if at all the
petitioners have any ground to challenge Ext.P3, the same
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should have been done in W.P(C)No.46514/2024 and not by
filing a separate writ petition.
3. Faced with this situation, the learned counsel
appearing for the petitioners would submit that the
petitioners may be permitted to withdraw this writ petition,
reserving the liberty of the petitioners to challenge Ext.P3
by amending W.P(C)No.46514/2024.
Accordingly, this writ petition will stand dismissed as
withdrawn, leaving open all contentions taken by the
petitioners.
Sd/-
GOPINATH P.
JUDGE
ats
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APPENDIX OF WP(C) 4631/2025
PETITIONERS' EXHIBITS
Exhibit P1 A COPY OF THE UDYAM REGISTRATION
CERTIFICATE NO. UDYAM-KL-02-0015023
DATED 27.03.2021, ISSUED TO THE
PETITIONER NO. 1 BY THE MSME MINISTRY,
GOVERNMENT OF INDIA,
Exhibit P2 A COPY OF THE MSME NOTIFICATION NO.
S.O.1432 (E) DATED 29.05.2015
Exhibit P3 A COPY OF THE RBI NOTIFICATION NO. RBI
NOTIFICATION NO. FIDD.MSME & NFS.BC.NO.
21/06.02.31 /2015-16, DATED 17.03.2016
Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE DATED
16.08.2023 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONERS
Exhibit P5 A TRUE COPY OF THE OBJECTION DATED
11.10.2023 ISSUED BY THE PETITIONERS TO
THE 4TH RESPONDENT,
Exhibit P6 A TRUE COPY OF THE REPLY DATED
18.10.2023, ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONERS
Exhibit P7 A TRUE COPY OF THE LETTER DATED
25.10.2023 ISSUED BY THE PETITIONERS TO
THE 4TH RESPONDENT
Exhibit P8 A TRUE COPY OF THE POSSESSION NOTICE
DATED 31.10.2023 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONERS
Exhibit P9 A TRUE COPY OF THE LETTER DATED
02.11.2023 ISSUED BY THE PETITIONERS TO
THE 4TH RESPONDENT
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Exhibit P10 A TRUE COPY OF THE LETTER DATED
03.11.2023 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONERS
Exhibit P11 A TRUE COPY OF THE SALE-NOTICE DATED
25.06.2024 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONERS
Exhibit P12 A TRUE COPY OF THE LAWYER'S NOTICE
DATED 29.08.2024 ISSUED TO THE
PETITIONERS
Exhibit P13 A TRUE COPY OF THE REPLY DATED
06.09.2024 ISSUED BY THE PETITIONERS'
LAWYER
Exhibit P14 A TRUE COPY OF THE JUDGEMENT DATED
27.11.2023 IN W.P. (C) NO. 38732/2023
BY THE HON'BLE HIGH COURT OF KERALA,
Exhibit P15 A COPY OF THE NOTIFICATION NO. S.O 2119
(E) DATED 26.6.2020 ISSUED BY THE
GOVERNMENT OF INDIA
Exhibit P16 A COPY OF CHART OF THE PROCEEDINGS THAT
THE PETITIONER HAS INSTITUTED BEFORE
VARIOUS COURTS
Exhibit P17 A COPY OF THE CIRCULAR NO. RBI/2021-
22/47 DOR. STR. REC. 21/21.04.048/2021-
22 DATED 04.06.2021 ISSUED BY THE
RESERVE BANK OF INDIA
