Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 9175 OF 2024 PETITIONER:
M/S MALESIAN RUBBER COMPANY REPRESENTED BY IT'S PROPREITOR SABU MATHEW, AGED 52 YEARS, S/O MATHEW, BONIKYACHOWHMANI, R.KNAGAR, KHAYERPUR, AGARTALA,TRIPURA, PIN – 799008.
BY ADVS.
GIGIMON ISSAC TOBIAS TOGI MATHEW RESPONDENTS:
1 ICICI BANK LTD, BRANCH OFFICE AT, VIDYASAGAR BAZAR, JOGENDRA NAGAR, WEST TRIPURA, TRIPURA REPRESENTED BY BRANCH MANAGER – 799004.
2 ICICI BANK LTD, CORPORATE OFFICE AT, NO.1 CENTOPH ROAD, RATHNA NAGAR, TEYNAMPET, CHENNAI, TAMIL NADU REPRESENTED BY AUTHORIZED OFFICER, MR. RAJESH IYER, PIN – 600018.
BY ADVS.
LAL K JOSEPH P.MURALEEDHARAN (THURAVOOR) T.A.LUXY(L-78) SURESH SUKUMAR ANZIL SALIM SANJAY SELLEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.9175 of 2024 :2:
J U D G M E N T Dated this the 25th day of March, 2024 The writ petition was filed by the petitioner seeking to direct the respondents to abstain from proceeding with Ext.P8 notice for a reasonable time enabling the petitioner to approach the Debts Recovery Tribunal for legal remedy.
2.
Standing Counsel for the Bank submits that the petitioner has already approached the Debts Recovery Tribunal and filed S.A. No.203 of 2024 before the Debts Recovery Tribunal-II, Ernakulam.
In view of the above, no further orders are necessary in this writ petition. The writ petition is dismissed as infructuous.
Sd/- N. NAGARESH JUDGE ams
W.P.(C) No.9175 of 2024 :3:
APPENDIX OF WP(C) 9175/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE GST DEPARTMENT, TRIPURA DATED 08.02.2023 Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM ILS HOSPITAL, AGRATALA DATED 26.12.2023 Exhibit P3 TRUE COPY OF THE NOTICE ISSUED UNDER SEC 13(2) OF SARFAESI ACT DATED 08.08.2023 Exhibit P4 TRUE COPY OF THE TRACK CONSIGNMENT NO. EW356170777IN DATED 13.09.2023 Exhibit P5 TRUE COPY OF THE POWER OF ATTORNEY GIVEN TO MR. RAJESH IYER APPOINTED AS AUTHORIZED OFFICER DATED 09.09.2015 Exhibit P6 TRUE COPY OF THE REQUEST LETTER GIVEN BY THE PETITIONER BEFORE THE 1ST RESPONDENT BANK DATED 23.11.2023 Exhibit P7 TRUE COPY OF THE ORDER IN M.C NO.
66/2024 DATED 03.02.2024 OF THE HON'BLE CJM, KOTTAYAM Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE
COMMISSIONER
DATED 22.02.2024