Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 20874 OF 2021 PETITIONER/S:
1 M/S. NANDANAM TILES AND SANITARIES PVT. LTD., SREE DHARMASASTHA BUILDING, KUNNAMKULAM ROAD, NEAR SOBHA CITY, PUZHAKKAL P.O., THRISSUR-680003, REPRESENTED BY ITS MANAGING DIRECTOR.
2 MYLATH SANDEEP, AGED 49 YEARS S/O. NARAYANAN KUTTY, PROPRIETOR , M/S. NANDANAM SANITARIES, NEAR SOBHA CITY, KUNNAMKULAM ROAD, PUZHAKKAL P.O., THRISSUR-680003.
3 DEEPA P., AGED 42 YEARS W/O. MYLATH SANDEEP, RESIDING AT MYLATH HOUSE, KANNAPURAM, CHETTUPUZHA P.O., THRISSUR-680012.
BY ADV R.S.KALKURA RESPONDENT/S:
1 THE SOUTH INDIAN BANK LTD., SIB HOUSE, T.B. ROAD, P.B. NO.28, MISSION QUARTERS, THRISSUR-680001, REPRESENTED BY ITS MANAGING DIRECTOR.
2 SOUTH INDIAN BANK, M.G. ROAD BRANCH, M.G. ROAD, P.B. NO. 70, AMBIKA ARCADE, M.G. ROAD, THRISSUR-680001, REPRESENTED BY ITS CHIEF MANAGER.
3 RESERVE BANK OF INDIA, REGIONAL OFFICE, THIRUVANANTHAPURAM, BAKERY JUNCTION, P.B. NO. 6507, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS REGIONAL DIRECTOR.
4 NATIONAL CREDIT GUARANTEE TRUESTEE COMPANY LIMITED, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, HAVING ITS REGISTERED OFFICE SWALAMBAN BHAVAN, C11, G BLOCK, BANDRA KURLA COMPLEX, BANDRA E, MUMBAI-400051, REPRESENTED BY ITS MANAGING DIRECTOR.
W.P (C) No.20874/2021 -2- BY ADVS.
SUNIL SHANKER GIRIJA L.
VIDYA GANGADHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.20874/2021 -3- J U D G M E N T Learned counsel for the petitioners submits that this writ petition has become infructuous.
Accordingly this writ petition is dismissed as infructuous.
Sd/- GOPINATH P.
JUDGE AMG
W.P (C) No.20874/2021 -4- APPENDIX OF WP(C) 20874/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE ARTICLES OF ASSOCIATION OF THE FIRST PETITIONER COMPANY.
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 23/06/2016 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA IN RESPECT OF THE FIRST PETITIONER COMPANY.
Exhibit P3 TRUE COPY OF THE UDYOG AADHAR REGISTRATION CERTIFICATE ISSUED IN THE NAME OF THE FIST PETITIONER COMPANY REGISTERING IT AS A MSME HOWING DATEOF COMMENCEMENT AS 23/06/2016.
Exhibit P4 TRUE COPY OF THE LETTER OF SANCTION DATED 20/12/2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE LETTER OF SANCTION DATED 15/09/2020 ISSUED BY THE 2ND RESPONDENT TO THE FIRST PETITIONER.
Exhibit P6 TRUE COPY OF THE EMERGENCY CREDIT LINE GUARANTEE SCHEME UPATED A ON 31/10/2020.
Exhibit P7 TRUE COPY OF THE NOTIFICATION DATED 31/03/2021 ISSUED BY THE MINISTRY OF FINANCE, GOVERNMENT OF INDIA.
Exhibit P8 TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER THE GST DATED 19/09/2017.
Exhibit P9 TRUE COPY OF THE LETTER DATED 30/09/2020 ISSUED BY THE FIRST PETITIONER TO THE 1ST RESPONDENT.
Exhibit P10 TRUE COPY OF THE EMAIL DATED 07/11/2020 ISSUED BY THE FIRST PETITIONER TO THE 1ST RESPONDENT.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 19/11/2020 IN WPC 24693/2020.
W.P (C) No.20874/2021 -5- Exhibit P12 TRUE COPY OF THE COMMUNICATION DATED 23/11/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 26/03/2021 IN WPC NO. 28198/2020.
Exhibit P14 TRUE COPY OF THE NOTICE DATED 17/05/2021 ISSUED BY RESPONDENTS 1 AND 2 TO THE PETITIONER.
Exhibit P15 TRUE COPY OF THE REPLY DATED 14/07/2021 ISSUED BY THE PETITIONERS TO THE NOTICE UNDER SECTION 13(2) ISSUED BY THE RESPONDENTS 1 AND 2.
Exhibit P16 TRUE COPY OF THE CIRCULAR BEARING NO.
DOR.STR.REC.11/21.04.048/2021-22
DATED 05/05/2021 ISSUED BY THE RESERVE BANK OF INDIA.
Exhibit P17 TRUE COPY OF THE REPRESENTATION THROUGH MAIL SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.