Kerala High Court
M/S Omkar Enterprises vs State Of Kerala on 18 September, 2025
WP(C) Nos. 34184 and 34056 of 2025 1
2025:KER:69923
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
WP(C) NO. 34184 OF 2025
PETITIONER:
M/S DIVYA METAL INDUSTRIES,
NATTIANCHIRA,CHELAKODE VIA CHELAKKARA THRISSUR ,
REPT BY IT MANAGING PARTNER, MR. GOVINDANKUTTY. V,
PIN - 680590
BY ADVS.
SRI.K.SHIBILI NAHA
SMT.A.LOWSY
SMT.T.SWETHA
SHRI.SAJITH KUMAR KANGHINGHAT
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT TO FINANCE.GOVT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CANARA BANK,
CHELLAKARA BRANCH,REPT. BY ITS MANAGER,
PO. CHELAKKARA,THIRISSUR, PIN - 680586
3 THE AUTHORIZED OFFICER,
CANARA BANK,
CHELLAKARA BRANCH / REGIONAL OFFICE,THIRISSUR,
PIN - 680586
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR, SC
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
WP(C) Nos. 34184 and 34056 of 2025 2
2025:KER:69923
SHRI.RAJA KANNAN
SMT.AKHILA NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2025, ALONG WITH WP(C).34056/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos. 34184 and 34056 of 2025 3
2025:KER:69923
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
WP(C) NO. 34056 OF 2025
PETITIONER:
M/S OMKAR ENTERPRISES,
FIRST FLOOR, USHUS TYRE BUILDING,
KUMMARANELLOR (PO) WADAKKANCHERY THIRSSUR,REPT BY IT
MANAGING PARTNER, MR. GOVINDANKUTTY. V,S/O RAMAN NAIR,
VELLANKANDATH HOUSE,ENKAKAD P.O, WADAKKANCHERY,
PIN - 680590
BY ADVS.
SRI.K.SHIBILI NAHA
SMT.A.LOWSY
SMT.T.SWETHA
SHRI.SAJITH KUMAR KANGHINGHAT
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT.DEPARTMENT TO
FINANCE. GOVT SECRETARIAT,THIRUVANANTHAPURAM - 695001
2 CANARA BANK,
CHELLAKARA BRANCH, REPT. BY ITS MANAGER,PO.
CHELAKKARA,THIRISSUR, PIN - 680586
3 THE AUTHORIZED OFFICER,
CANARA BANK,
CHELLAKARA BRANCH / REGIONAL OFFICE ,
THIRISSUR, PIN - 680586
SRI. M. GOPIKRISHNAN NAMBIAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2025, ALONG WITH WP(C).34184/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos. 34184 and 34056 of 2025 4
2025:KER:69923
JUDGMENT
These writ petitions challenge Section 13(2) notice issued
under the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2022 (in short, 'SARFAESI Act'), on
the ground that the classification of the petitioners loan account as NPS
is illegal, as they claimed the benefit of the Micro, Small and Medium
Enterprises Development Act, 2016. There is no prayer for granting
instalments in these writ petitions.
2. The learned counsel for the respondent Bank submitted
that only symbolic possession has been taken. This is recorded.
3. Under such circumstances, without prejudice to the
right of the petitioners to avail the alternate remedy under Section 17
of the SARFAESI Act, and without prejudice to any of the contentions
taken in the writ petitions, these writ petitions are closed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
AJ
2025:KER:69923
APPENDIX OF WP(C) 34184/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SANCTION MEMORANDUM ISSUED BY
THE 2ND RESPONDENT DATED 20.01.2016 EVIDENCING
DISBURSEMENT OF 2,50,00,000
Exhibit P2 A TRUE COPY OF THE SANCTION MEMORANDUM DATED
28.09.2016 ENHANCING THE WORKING CAPITAL LIMIT
Exhibit P3 A TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER TO THE SECOND RESPONDENT ON 22.11.2018
Exhibit P4 A TRUE COPY OF THE SANCTION MEMORANDUM DATED
10.12.2018 EVIDENCING RENEWAL AND ENHANCEMENT
Exhibit P5 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE
PETITIONER TO THE 2ND RESPONDENT DATED 16.06.2020
SEEKING REIMBURSEMENT
Exhibit P6 A TRUE COPY OF THE REQUEST DATED 03.12.2020
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED 06.07.2021
ISSUED BY 2ND RESPONDENT
Exhibit P8 A TRUE COPY OF THE REPLY DATED 26.07.2021
Exhibit P9 A TRUE OF THE COMMUNICATION ISSUED BY THE
PETITIONER SEEKING MORATORIUM FOR A PERIOD OF 24
MONTHS SUBMITTED BEFORE THE 2ND RESPONDENT DATED
06.08.2021
Exhibit P10 A TRUE OF THE COMMUNICATION ISSUED BY THE
PETITIONER SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 01.04.2022
Exhibit P11 A TRUE OF THE COMMUNICATION ISSUED BY THE 2ND
RESPONDENT DATED 21.02.2023
Exhibit P12 A TRUE COPY OF THE REQUEST DATED 13.06.2024
SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT
BANK
Exhibit P13 A TRUE COPY OF THE REQUEST DATED 06.08.2024
Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 15.09.2023 IN WA.
NOS 729/2021, 730/2021, & 731/2021
2025:KER:69923
Exhibit P15 A TRUE COPY OF THE REQUEST DATED 04.09.2024
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P16 A TRUE COPY OF THE REQUEST TO WAIVE OFF THE AMOUNTS
OTHER THAN THE NORMAL INTEREST, FORWARDED TO THE
2ND RESPONDENT BY EMAIL DATED 09.02.2025
Exhibit P17 A TRUE COPY OF THE LOAN RECALL NOTICE DATED
14.02.2025 ISSUED BY THE 2ND RESPONDENT BANK
Exhibit P18 A TRUE COPY OF THE EMAIL COMMUNICATION DATED
21.02.2025 ISSUED BY THE PETITIONER TO THE 2ND
RESPONDENT
Exhibit P19 A TRUE COPY OF THE DEMAND NOTICE DATED 09.05.2025
ISSUED BY THE 2ND RESPONDENT BANK THROUGH THE 3RD
RESPONDENT IN TERMS OF SECTION 13(2) OF THE ACT
Exhibit P20 A TRUE COPY OF THE COMMUNICATION VIA EMAIL DATED
13.08.2025 SENT BY THE PETITIONER TO THE ASSISTANT
GENERAL MANAGER OF THE 2ND RESPONDENT BANK
Exhibit P21 A TRUE COPY OF THE WRITTEN OBJECTION SUBMITTED BY
THE PETITIONER BEFORE THE RESPONDENT 2&3 DATED
21.08.2025
Exhibit P22 A TRUE COPY OF THE REPLY DATED 25.08.2025 ISSUED BY
THE 3RD RESPONDENT IN RESPONSE TO EXT. P20
Exhibit P23 A TRUE COPY OF THE ORDER DATED 13.06.2025 ISSUED BY
THE ADDITIONAL SECRETARY TO THE GOVERNMENT IN
FAVOUR OF THE PETITIONER
2025:KER:69923
APPENDIX OF WP(C) 34056/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER ON 09.10.2024
REQUESTING TO SUBMIT NECESSARY DOCUMENTS FOR
RENEWAL
Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 15.11.2024
ISSUED BY THE 2ND RESPONDENT BANK CALLING UPON THE
PETITIONER TO PAY THE INTEREST WITHIN SEVEN DAYS OF
RECEIPT THEREOF
Exhibit P3 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE
PETITIONER TO THE 2ND RESPONDENT DATED 06.01.2025
Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 09.02.2025
ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT BY
EMAIL
Exhibit P5 A TRUE COPY OF THE EMAIL COMMUNICATION DATED
24.02.2025 ISSUED BY THE PETITIONER TO THE 2ND
RESPONDENT
Exhibit P6 TRUE COPY OF THE DEMAND NOTICE DATED 09.05.2025
ISSUED BY THE 2ND RESPONDENT BANK THROUGH THE 3RD
RESPONDENT IN TERMS OF SECTION 13(2) OF THE ACT
Exhibit P7 A TRUE COPY OF THE REPLY DATED 13.08.2025 SEND BY
THE PETITIONER TO THE ASSISTANT GENERAL MANAGER OF
THE 2ND RESPONDENT BANK
Exhibit P8 A TRUE COPY OF THE POSSESSION NOTICE DATED
18.08.2025 ISSUED BY THE 3RD RESPONDENT IN TERMS OF
SECTION 13(4) OF THE ACT
Exhibit P9 A TRUE COPY OF THE WRITTEN OBJECTION SUBMITTED BY
THE PETITIONER BEFORE THE RESPONDENT 2&3 DATED
20.08.2025
Exhibit P10 A TRUE COPY OF THE REPLY DATED 25.08.2025 ISSUED BY
THE 3RD RESPONDENT IN FURTHERANCE OF EXT. P9
