Kerala High Court
M/S. United Blue Metals vs Uco Bank on 3 July, 2025
2025:KER:48671
WP(C) No. 10328 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 10328 OF 2025
PETITIONERS:
1 M/S. UNITED BLUE METALS,
EP XVII/548, VANCHIMUKKU, PERUMPUZHA, KOLLAM,
REPRESENTED BY AJEESH A.,
AGED 46 YEARS, S/O. N. ASHOKAN,
MANAGING PARTNER AND GUARANTOR,
M/S. UNITED BLUE METALS, MURAHARA, KONNI,
PATHANAMTHITTA, KONNY, KERALA, PIN-691504
2 AJEESH A.,
AGED 46 YEARS, S/O. N. ASHOKAN,
MANAGING PARTNER AND GUARANTOR,
M/S. UNITED BLUE METALS, MURAHARA, KONNI,
PATHANAMTHITTA, KONNY, KERALA, PIN-689691
3 VENKATESH PRASAD,
AGED 40 YEARS, S/O. DIVAKARA PANICKER,
RESIDING AT OM SAKTHI, ULIYAKOVIL NAGAR-2,
ULIYAKOVIL, KOLLAM, PIN-691019
4 BIJU THOMAS,
AGED 50 YEARS, S/O. THOMAS M.,
MEDATHEKKATHIL, ARAVILA, KAVANAD P.O.,
KOLLAM, PIN-691003
5 AKHIL SAJI,
AGED 27 YEARS, S/O. SAJI S.,
RESIDING AT MELEPLAVILA VEEDU,
CHERIKONAM CHERRY, KANNANALLOOR P.O.,
THRIKOVILVATTOM VILLAGE,
KOLLAM TALUK, KOLLAM-
REPRESENTED BY POWER OF ATTORNEY - SAJI S.,
RESIDING AT MELEPLAVILA VEEDU,
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WP(C) No. 10328 of 2025
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CHERIKONAM CHERRY, KANNANALLOOR P.O.,
THRIKOVILVATTOM VILLAGE, KOLLAM TALUK,
KOLLAM, PIN-691576
6 SAJI S.,
AGED 56 YEARS, S/O. SURENDRAN D.,
RESIDING AT MELEPLAVILA VEEDU,
EDAKKODU VILLAGE, CHIRAYINKEEZHU TALUK,
KOLLAM, PIN-691576
BY ADVS.
SRI.MILLU DANDAPANI
SRI.S.VISHNU (V-736)
RESPONDENTS:
1 UCO BANK,
QUILON BRANCH, FIRST FLOOR, KHAISE BUILDING,
BEACH ROAD, KOLLAM,
REPRESENTED BY THE CHIEF MANAGER, PIN-691001
2 AUTHORIZED OFFICER,
UCO BANK, QUILON BRANCH, FIRST FLOOR,
KHAISE BUILDING, BEACH ROAD,
KOLLAM, PIN-691001
BY ADV.DEEPAK JOY.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 10328 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 10328 of 2025
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Dated this the 3rd day of July, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i. Issue a writ, order or direction in the nature of
certiorari calling for records leading to Ext. P19
and set aside the same.
ii. Issue a writ, order or direction in the nature of
mandamus directing the respondent to provide
instalment facilities to the petitioners to clear
the over due
iii. Issue a writ, order or direction in the nature
of mandamus directing the respondents to
regularize the loan accounts of the petitioners
upon clearing the over dues.
iv. Issue a writ, order or direction in the nature
of declaration declaring that the recovery
proceedings contemplated under Section 13(2) of
the SARFAESI Act should follow the "Framework
for Revival and Rehabilitation of MSMEs" set
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forth by the Ministry of Micro, Small and
Medium Enterprises.
v. Grant such other order or relief as this Hon'ble
Court deem fit and necessary in the above case.
And
vi. Award Costs.
2. Ext.P19 was the sale notice, and both sides submit that
the sale did not take place. Accordingly, the first prayer has become
infructuous. As regards the other prayer for instalments, the learned
counsel for the Bank submits that they are not agreeable for the
same.
3. Under such circumstances, as regards the other prayers,
the remedy of the petitioner is to approach the Debts Recovery
Tribunal under Section 17 of the Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002.
Without prejudice to the right of the petitioner to avail of
the same, this writ petition is closed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2025:KER:48671
APPENDIX OF WP(C) 10328/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF MSME REGISTRATION OF THE
1ST PETITIONER BEARING NO.UDYAM-KL-06-
0004418 DATED 17.03.2021
Exhibit P2 THE TRUE COPY OF THE MINUTES OF THE
MEETING OF THE 278TH SEAC DATED
27.05.2022
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
DATED 06.10.2023
Exhibit P4 THE TRUE COPY OF THE NOTICE BEARING NO.
UCO/QUILON/REC/2023-24/188 DATED
07.03.2024
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
DATED 18.03.2024
Exhibit P6 TRUE COPY OF THE REPLY ISSUED BY THE 1ST
RESPONDENT DATED 18.03.2024 TO THE
REPRESENTATION DATED 18.03.2024
Exhibit P7 THE TRUE COPY OF THE NOTICE BEARING NO.
UCO/QUILON/REC/2024-25/21 DATED
02.05.2024
Exhibit P8 THE TRUE COPY OF THE 13(2) NOTICE
BEARING NO. UCO/QUILON/REC/2024-25/34
DATED 16.05.2024
Exhibit P9 THE TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONERS UNDER SECTION 13(3)
DATED 28.07.2024
Exhibit P10 THE TRUE COPY OF THE POSSESSION NOTICE
ISSUED BY THE RESPONDENTS DATED
05.08.2024
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Exhibit P11 THE TRUE COPY OF THE REPRESENTATION
DATED 12.08.2024 SUBMITTED BY THE
PETITIONERS
Exhibit P12 THE TRUE COPY OF THE NOTICE BEARING NO.
UCO/QUILON/REC/2024-25 DATED 14.08.2024
Exhibit P13 THE TRUE COPY OF THE REPRESENTATION
DATED 22.08.2024
Exhibit P14 THE TRUE COPY OF THE REPRESENTATION
DATED 11.09.2024
Exhibit P15 THE TRUE COPY OF THE LETTER BEARING NO.
UCO/QUILON/REC/2024-25/116 DATED
18.09.2024
Exhibit P16 THE TRUE COPY OF THE NOC ISSUED BY THE
PRINCIPAL CHIEF CONSERVATOR OF FOREST,
TAMIL NADU BEARING NO. WL5/24265/2024
DATED 14.09.2024
Exhibit P17 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS DATED
06.12.2024
Exhibit P18 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 1ST PETITIONER TO THE
SEIAA TAMIL NADU DATED 03.02.2025
Exhibit P19 THE TRUE COPY OF THE SALE NOTICE DATED
10.02.2025 ISSUED BY THE RESPONDENTS
