Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 WP(C) NO. 36404 OF 2022 PETITIONER:
KLR FACILITY MANAGEMENT PVT LTD.
REPRESENTED BY ITS DIRECTOR, MR. KRISHNAKUMAR T.R., NO. 32/93, C2, CHAVARA TOWER, PALLISSERY ROAD, THAMMANAM P.O, ERNAKULAM DISTRICT, PIN - 682032 BY ADVS.
MANU VYASAN PETER P.B.KRISHNAN SABU GEORGE ABRAHAM BABU KALLIVAYALIL RESPONDENTS:
1 KARNATAKA BANK, M.G. ROAD BRANCH, JOS JUNCTION, ERNAKULAM DISTRICT, PIN - 682016 2 THE AUTHORISED OFFICER AND SENIOR MANAGER KARNATAKA BANK, M.G. ROAD BRANCH, JOS JUNCTION, ERNAKULAM DISTRICT, PIN - 682016 3 VIDHYA NEELAKANDAN, AGED 42 YEARS W/O K. NEELAKANDAN, KAZHAKAPURAYIL HOUSE, CHUTTUPADUKKARA, EDAPPALLY P.O., ERNAKULAM DISTRICT, PIN – 682024 BY ADVS.
SHRIHARI P P PRAMEELA.C.K. CK MARY NITHIYA K.J(K/001246/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36404 OF 2022 2 K. BABU, J.
------------------------------------ W.P.(C) No.36404 of 2022 ------------------------------------- Dated this the 30th day of September, 2023 J U D G M E N T The prayers in this Writ Petition are as follows:
I Issue a writ mandamus or other appropriate writ, order or direction to respondent Nos.1 and 2 not to interfere with the peaceful possession of the petitioner at building No.32/93 [Corporation of Cochin], C2, Chavara Tower, Pallissery Road, Thammanam P.O., II.
To issue a writ of certiorari or other appropriate writ, order or direction to respondent Nos.1 and 2 to quash Exhibit P14.
III.
Grant the petitioner the costs of this writ petition and such other appropriate reliefs that this Hon’ble Court may deem fit and proper 2.
The learned counsel for the petitioner submitted that he has already vacated the building and is prepared to surrender possession of the building to the respondent Bank. The above said submission is
WP(C) NO. 36404 OF 2022 3 recorded and the writ petition is closed.
The petitioner shall hand over the key to the authorised officer of the Bank.
Sd/- K. BABU, JUDGE AS
WP(C) NO. 36404 OF 2022 4 APPENDIX OF WP(C) 36404/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 09.11.2017 ISSUED BY THE REGISTRAR OF COMPANIES, ERNAKULAM EXHIBIT P2 TRUE COPY OF THE PERMANENT ACCOUNT NUMBER CARD ISSUED BY THE INCOME TAX DEPARTMENT EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 25.12.2015 ISSUED BY THE ASSISTANT LABOUR OFFICER, ERNAKULAM EXHIBIT P4 TRUE COPY OF THE ESTABLISHMENT ANNUAL ACCOUNTS STATEMENT ISSUED BY THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS WORKERS WELFARE FUND BOARD EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 28.02.2013 ISSUED BY THE SUPERINTENDENT OF CENTRAL EXCISE EXHIBIT P6 TRUE COPY OF THE LEASE DEED DATED 20.03.2017 EXHIBIT P7 TRUE COPY OF THE LICENCE DATED 26.09.2017 ISSUED BY THE DISTRICT LABOUR OFFICER, ERNAKULAM EXHIBIT P8 TRUE COPY OF THE GST REGISTRATION CERTIFICATE BEARING NO. 32AAECK5866B1ZR DATED 30.08.2018 ISSUED BY THE GOVERNMENT OF INDIA EXHIBIT P9 TRUE COPY OF THE FORM GSTR-9 FOR ANNUAL RETURN FOR THE FINANCIAL YEAR 2019-20 DATED 26.02.2021 SUBMITTED BY THE
WP(C) NO. 36404 OF 2022 5 PETITIONER EXHIBIT P10 TRUE COPY OF THE FORM GSTR-9 FOR ANNUAL RETURN FOR THE FINANCIAL YEAR 2020-21 DATED 23.02.2022 SUBMITTED BY THE PETITIONER EXHIBIT P11 TRUE COPY OF THE BALANCE SHEET OF THE COMPANY DATED 31.03.2022 EXHIBIT P12 TRUE COPY OF THE FORM 5A DATED 17.09.2018 EXHIBIT P13 TRUE COPY OF THE LEASE DEED DATED 20.07.2021 EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 12.10.2022 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C NO. 348 OF 2021 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM RESPONDENT EXHIBITS EXHIBIT R1 TRUE COPY OF SALE DEED NO.2312/2017 OF EDAPPALLY SRO EXECUTED BY EXECUTED BY JOSEPH CHAVARA AND SHEEBA JOSEPH IN FAVOUR OF M/S. NAMBEESAN FOODS INDIAN PRIVATE LIMITED.
EXHIBIT R2 TRUE COPY OF THE MEMORANDUM OF DEPOSIT OF TITLE DEEDS BY DEPOSITING ORIGINAL SALE DEED NO.2312/2017 OF EDAPPALLY SRO EXECUTED BY M/S. NAMBEESAN FOODS INDIAN PRIVATE LIMITED