Emtex International Ltd vs Union Of India
2025 Latest Caselaw 539 Ker

Kerala High Court

Emtex International Ltd vs Union Of India on 3 July, 2025

                                                   2025:KER:48779



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR. JUSTICE S.MANU

   THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947

                    WP(C) NO. 31749 OF 2009

PETITIONERS:

    1    M/S.EMTEX INTERNATIONAL LTD.
         DIWANS ROAD, ERNAKULAM, KOCHI-682 016
         REPRESENTED BY ITS HONARARY MANAGING DIRECTOR,
         DR.VARGHESE MUNDACKAL.

    2    DR.VARGHEESE MUNDACKAL
         MUNDACKAL HOUSE
         KARINGAZHA, KOTHAMANGALAM, PRESENTLY RESIDING AT,
         SWITZERLAND, NRI, P.B.-176, ENSISHEIMER STR-21,,
         4012 BASEL, SWITZERLAND.


         BY ADV.
         SRI.VARGHESE MUNDACKAL


RESPONDENTS:

    1    UNION OF INDIA
         REPRESENTED BY ITS SECRETARY,
         MINISTRY OF COMMERCE AND BANKING, NEW DELHI.

    2    RESERVE BANK OF INDIA-REPRESENTED BY
         ITS GOVERNOR OF RESERVE BANK OF INDIA,
         S S MARG, MUMBAI.

    3    STATE OF KERALA- REPRESENTED BY ITS
         SECRETARY TO GOVT., DEPARTMENT OF HOME AFFAIRS,,
         GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

    4    THE FEDERAL BANK LTD. REPRESENTED BY
         ITS CHAIRMAN & MANAGING DIRECTOR, HEAD OFFICE,,
                                                     2025:KER:48779
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W.P.(C) No.31749 of 2009


             POST BOX NO.103, ALWAYE-683 101, KERALA.

     5       THE CHIEF MANAGER
             ASSET RECOVERY BRANCH, FEDERAL BANK LTD.,
             FEDERAL TOWERS, MARINE DRIVE, ERNAKULAM.

     6       THE FEDERAL BANK LTD.
             ERNAKULAM NORTH BRANCH, ERNAKULAM.

     7       THE DISTRICT COLLECTOR ERNAKULAM.


     8       THE TAHSILDAR KOTHAMANGALAM.


     9       THE SUPERINTENDENT OF POLICE
             ERNAKULAM RURAL, ALUVA.

     10      SUB-INSPECTOR OF POLICE
             KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM.

     11      THE VILLAGE OFFICER, KOTHAMANGALAM.


     12      THE TAHSILDAR, KANAYANNUR TALUK
             ERNAKULAM.

     13      THE COMMISSIONER OF POLICE
             KOCHI CITY.

     14      THE SUB INSPECTOR OF POLICE
             ERNAKULAM CENTRAL POLICE STATION.

     15      THE VILLAGE OFFICER ERNAKULAM
             VILLAGE OFFICE, ERNAKULAM,

     16      V.S.MURGAN
             S/O.V.SREENIVASAN
             AGED 42 YEARS, HARI TEX, 63, PATEL ROAD,
             RAM NAGAR, COIMBATORE, PIN - 641001

     17      CARE CONNECTIONS PVTLTD.
             MAMANGALAM, PALARIVATTOM, ERNAKULAM,
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W.P.(C) No.31749 of 2009


             REPRESENTED BY ITS MANAGING DIRECTOR,
             MR.RAJENDRAN.


             BY ADVS.
             SRI.K.K.CHANDRAN PILLAI (SR.)
             SRI.A.S.SAJUSH PAUL
             SRI.THOMAS JAMES MUNDACKAL




             ADV. RASHMI K M, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.07.2025,      THE       COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
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W.P.(C) No.31749 of 2009


                           JUDGMENT

On 26.06.2025, the following order was passed:

"Service is not complete on 16 th respondent. Petitioner shall take steps within three working days. Post on 03.07.2025 for directions.

There is no representation for the petitioner. If there is no representation on the next date of posting, the Court may dismiss the writ petition for non prosecution."

When the matter is taken up today, there is no

representation for the petitioner. No steps have been taken for

issuing notice to the 16th respondent.

Writ Petition is therefore dismissed for non-prosecution.

Sd/-

S.MANU JUDGE PV 2025:KER:48779

APPENDIX OF WP(C) 31749/2009

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GOVT. ORDER G.O (MS)NO.11/90/ID DATED 21/05/90 GRANTING POWER INCENTIVES TO INDUSTRIES. Exhibit P1(a) TRUE COPY OF THE LETTER ADDRESSED TO BANK PER FAX MESSAGE DATED 10/02/1998 FROM SWITZERLAND BY THE 2ND PETITIONER FOR LIFTING THE NPA.

Exhibit P1(b) TRUE COPY OF THE REPLY LETTER OF THE FEDERAL BANK LTD.DT.11/03/1998 TO THE FAX MESSAGE DATED 12/02/98 REJECTING THE REQUEST OF LIFTING NPA.

Exhibit P1(c) TRUE COPY OF THE LETTER DATED 19/09/1997 OF THE PETITIONERS OF THE CHIEF MANAGER, ERNAKULAM NORTH BRANCH ENLIGHTENING THE REVIVAL PLAN OF THE PETITIONER COMPANY. Exhibit P2 TRUE COPY OF THE ORDER DATED 17/08/200 OF THE BIFT IN CASE NO.76/2000 ALSO ISSUING ITS DIRECTIONS TO THE BANK HEREIN. Exhibit P3 TRUE COPY OF THE ORDER DATED 13/02/2002 OF THE BIFR IN CASE NO.76/2000 DECLARING THAT THE PETITIONER COMPANY HAS BECOME A SICK INDUSTRY ALSO AT INSTANCE OF THE BANK.

Exhibit P4 TRUE COPY OF THE LETTER DT.20/09/2000 OF THE PETITIONERS TO BANK, REQUESTING A PERSONAL HEARING OF THE PETITIONERS REGARDING REVIVAL OF THE SICK UNIT. Exhibit P5 TRUE COPY OF THE LETTER DT.10/04/2003 OF THE PETITIONERS TO THE BANK REGARDING THE CONSENT TO PROCEED WITH THE REVIVAL SCHEME.

Exhibit P5(a) TRUE COPY OF THE LETTER DT.10/12/2001 OF EUROPE COSMETIQUE AT FRANCE, ADDRESSED TO THE PETITIONER COMPANY

Exhibit P5(b) TRUE COPY OF THE LETTER DT.9/7/2002 OF EUROPE COSMETIQUE, ADDRESSED TO THE PETITIONER COMPANY.

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Exhibit P5(c) TRUE COPY OF AIRFREIGHT INVOICE DT.22.03.2002 FROM THE PETITIONERS CO. ADDRESSED TO THE CUSTOMER M/S. EUROPE COSMETIQUE SARL.AT FRANCE.

Exhibit P5(d) TRUE COPY OF THE LETTER DT.5/12/01 ISSUED BY THE PETITIONERS TO THEIR CUSTOMER M/S.TEXTILES EN BLAIS.

Exhibit P5(e) TRUE COPY OF THE TEST REPORT DT.13/9/02 ISSUED BY THE COMMITTEE, MINISTRY OF TEXTILES, GOVT.OF INDIA.

Exhibit P5(f) TRUE COPY OF THE LETTER NO.311 DT.20/09/00 OF THE PETITIONERS, TO THE CHAIRMAN OF THE FEDERAL BANK LTD. Exhibit P5(g) TRUE COPY OF THE LETTER NO.310/00 DT.20/09/00 OF THE PETITIONERS TO THE DY.GENERAL MANAGER OF THE FEDERAL BANK LTD.

Exhibit P6 TRUE COPY OF THE RBI CIRCULAR (1) IECD NO.IRD.BC.132/SIU-A-85 DT.29.12.1990. Exhibit P6(a) TRUE COPY OF THE RBI CIRCULAR (2) IECD NO.IRD.31/IRD/IR-A-90-91 DT.5/11/1985. Exhibit P6(b) TRUE COPY OF THE RBI CIRCULAR (3) IECD NO.40/06 33.01.93/94 DT.20/04/1994. Exhibit P6(c) TRUE COPY OF THE RBI CIRCULAR (4) IECD NO.45/IRD-A/91-92 DT.2/1/1992. Exhibit P6(d) TRUE COPY OF THE RBI CIRCULAR (5) IECD NO.36/06.33.01.94-95 DT.7/2/1995. Exhibit P6(e) TRUE COPY OF THE RBI CIRCULAR (6)/IRD/11/VG/373 DT.22/2/1995. Exhibit P6(f) TRUE COPY OF THE KERALA GOVT.CIRCULAR DT.26/02/1994 NO. G.O (MS) NO.137/91/ID OF INDUSTRIES (J) DEPARTMENT OF KERALA. Exhibit P6(g) TRUE COPY OF THE KERALA GOVT.ORDER DT.25/11/1994 NO.G.O(MS)NO.137/91/ID OF INDUSTRIES (J) DEPARTMENT OF KERALA. Exhibit P6(h) TRUE COPY OF THE KERALA GOVT. SCHME DT.29/03/1998, G.O(P) NO.47/00 ID. OF KERALA TVM, CONCERNING KERALA INDUSTRIAL REVIVALIZATION FUND SCHEME OF 1999.ZERO RATE REDEEMABLE INVESTMENT. Exhibit P7 TRUE COPY OF THE NOTICE DT.24.4.02 AD DRC NO.719 IN O A NO.46/96 OF DRT.

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Exhibit P8 TRUE COPY OF S.13(2) NOTICE DT.15/12/06 UNDER SARFAESI ACT ISSUED BY THE BANK. Exhibit P9 TRUE COPY OF THE STAY ORDER DT.6/4/09 IN W.P(C) NO.11400/2009 BY THIS HON'BLE HIGH COURT STAYING THE EX-PARTY ORDER OF DEREGISTRATION PASSED BY BIFT IN CASE NO.76/2000.

Exhibit P10 TRUE COPY OF THE ORDER MI-2692/2007 K.DIS.DT 8/3/08 ISSUED BY THE DISTRICT COLLECTOR TO THE TAHASILDAR KANAYANNUR. Exhibit P11 TRUE COPY OF THE ORDER OF THE DIST.COLLECTOR, DT 6/3/2008 TO THE THAHASILDAR, KOTHAMANGALAM. Exhibit P12 TRUE COPY OF MAHAZER DT. 20/09/08 PASSED BY THE VILLAGE OFFICER, ERNAKULAM. Exhibit P12(a) TRUE COPY OF ONE TIME SETTLEMENT PROPOSAL DT.22/10/2008, FRAUDULENTLY OBTAINED BY THE BANK FROM THE 2ND RESPONDENT WHICH WAS ALSO COUNTER SIGNED BY THE BANK. Exhibit P12(b) TRUE COPY OF THE WRITTEN COMPLAINT DT.7/1/2009 OF THE 2ND PETITIONER TO THE RBI.

Exhibit P13 TRUE COPY OF THE MAHAZER DT.21/11/08 PREPARED BY THE KOTHAMANGALAM VILLAGE OFFICER.

Exhibit P14 TRUE COPY OF THE POSSESSION NOTICE DT.24.11.2008 BY THE 5TH RESPONDENT BANK MANAGER.

Exhibit P15 TRUE COPY OF ,LETTER DT.24.02.2009 OF THE BANK TO THE 16TH RESPONDENT ASKING HIM TO TAKE DELIVERY OF POSSESSION OF MOVABLES/MACHINERY.

Exhibit P16 TRUE COPY OF THE POLICE COMPLAINT DT.9/3/09 OF THE BANK BEFORE THE S.I OF POLICE, KOTHAMANGALAM, ALSO SEEKING POLICE PROTECTION.

Exhibit P17 TRUE COPY OF THE POLICE COMPLAINT DT.10/3/09 BEFORE THE 9TH RESPONDENT BY THE 16TH RESPONDENT (V.S.MURUGAN), SEEKING POLICE PROTECTION.

Exhibit P18 TRUE COPY OF THE POLICE PROTECTION ORDER DT.13/3/09 IN WPC NO.7698 OF 2009 OF THIS HON'BLE COURT.

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Exhibit P19 TRUE COPY OF THE ORDER DT.16.3.09 OF THIS HON'BLE COURT RECALLING EXT.P18 ORDER IN WPC NO.7698/09.

Exhibit P20 TRUE COPY OF THE ORDER DT.17/03/09 OF THIS HON'BLE COURT IN WP(C)7698/09 DIRECTING THE POLICE TO KEEP LAW AND ORDER.

Exhibit P21 TRUE COPY OF THE LETTER DT.18/06/93 OF THE BRANCH MANAGER OF ECGC AT COCHIN TO THE PETITIONERS.

Exhibit P21(a) TRUE COPY OF THE LETTER DT.20/09/2000 OF THE RESPONDENT BANK TO THE PETITIONERS IN RESPECT OF ECG CLAIM APPLICATION. Exhibit P22 TRUE COPY OF THE LETTER DT.03/01/97 OF THE BANK HEREIN TO THE REGISTRAR OF COMPANIES, KERALA, ERNAKULAM. Exhibit P22(a) TRUE COPY OF THE FORM NO.8 OF THE COMPANIES ACT, DT.28/11/96 OF THE PETITIONER COMPANY FILED BY THE PETITIONER COMPANY THROUGH THE BANK HEREIN.

Exhibit P22(b) TRUE COPY OF THE FORM NO.13 OF THE COMPANIES ACT DT.28/11/1996 OF THE PETITIONER COMPANY, FILED THROUGH THE BANK