Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 WP(C) NO. 9617 OF 2023 PETITIONERS:
1 M/S. RAINFOREST AYURCOUNTY PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT BUILDING 526, PANAKAL, KANJIKUZHY, MUTTAMBALAM P.O., KOTTAYAM, KERALA-686004 REPRESENTED BY ITS MANAGING DIRECTOR MR. JIBY JOHN.
2 JIBY JOHN, AGED 55 YEARS, S/O A.N. JOHN, PANAKAL, KANJIKUZHY, MUTTAMBALAM P.O., KOTTAYAM, KERALA, PIN - 686004 BY ADVS.
ALEX.M.SCARIA BEAS K. PONNAPPAN A.J.RIYAS SARITHA THOMAS ALEN J. CHERUVIL SAHL ABDUL KADER SANJITH KUMAR R.
RESPONDENTS:
1 THE AUTHORIZED OFFICER, FEDERAL BANK LTD., LCRD KOTTAYAM DIVISION, KOTTAYAM/ASSET RECOVERY, THEKKUMKAL BUILDING, T.B. ROAD, KOTTAYAM, PIN - 686001 2 THE FEDERAL BANK LTD., REGISTERED OFFICE AT ALWAYE, ASSET RECOVERY BRANCH AT KOTTAYAM, THEKKUMKAL BUILDING, T.B. ROAD, KOTTAYAM 686 001, REPRESENTED BY ITS BRANCH MANAGER.
WP(C) NO. 9617 OF 2023 2 3 GIZAN JACOB, S/O JACOB PANJAKIL VALIYAPARAMBIL, MANARCADU P.O., KOTTAYAM DISTRICT, KERALA STATE, PIN - 686019 4 RENI JACOB, W/O GIZAN JACOB, VALIYAPARAMBIL MANARCADU P.O., KOTTTAYAM DISTRICT, KERALA STATE, PIN - 686019 5 SURESH KUMAR P. GOPINATHAN NAIR, S/O GOPINATHAN NAIR, SANTHI NIVAS, MANDIRAM, MANGANAM, KOTAYAM DISTRICT, KERALA STATE - 686018, REPRESENTED BY POWER OF ATTORNEY HOLDER SUNIL KUMAR P.G., S/O GOPINATHAN NAIR, SANTHI NIVAS, MANDIRAM, MANGANAM, KOTAYAM DISTRICT, KERALA STATE, PIN - 686018 6 JOJI JACOB, S/O GEORGE JACOB, VALIYAPARAMBIL, PUTHUPALLY P.O.,KOTTAYAM DISTRICT, KERALA STATE, PIN. 686 002, REPRESENTED BY POWER OF ATTORNEY HOLDER, REKHA JIBY JOHN, W/O JIBY JOHN, PANAKAL HOUSE, KANJIKUZHY, MUTTAMBALAM P.O., KOTTAYAM DISTRICT, KERALA STATE, PIN - 686004 7 RESHMY RAJAN ALIAS RESHMI SURESH, W/O SURESH KUMAR P. GOPINATHAN NAIR, SANTHI NIVAS, OMALLOOR P.O., KOZHENCHERRY, PATHANAMTHITTA DISTRICT, KERALA STATE, PIN. 689 647, REPRESENTED BY POWER OF ATTORNEY HOLDER, M.N. RAJAGOPALA KURUP, S/O RAMAN PILLAI, SRINGERI, SREENIVASA IYER ROAD,
WP(C) NO. 9617 OF 2023 3 THIRUNAKKARA, KOTTAYAM DISTRICT, KERALA STATE, PIN - 686001 BY ADVS.
P.PAULOCHAN ANTONY MOHAN JACOB GEORGE P.V.PARVATHY (P-41) REENA THOMAS NIGI GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9617 OF 2023 4 T.R. RAVI, J.
-------------------------------------------- W. P. (C). No.9617 of 2023 -------------------------------------------- Dated this the 10th day of April, 2023 JUDGMENT When the case is taken up, it is submitted that the petitioners have already paid the entire overdue amount. In the above circumstances, this writ petition is disposed of directing the respondents to regularise the loan account of the petitioners.
Sd/- T.R. RAVI
JUDGE Pn
WP(C) NO. 9617 OF 2023 5 APPENDIX OF WP(C) 9617/2023 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 23/06/2022 IN RESPECT OF LOAN ACCOUNT NO. 18236900000332 IN THE NAME OF THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 23/06/2022 IN RESPECT OF LOAN ACCOUNT NO. 18237600000192 IN THE NAME OF THE 1ST PETITIONER.
Exhibit P3 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 09/02/2022 IN RESPECT OF LOAN ACCOUNT NO. 18237600000200 IN THE NAME OF THE 1ST PETITIONER.
Exhibit P4 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 23/06/2022 IN RESPECT OF LOAN ACCOUNT NO. 18236900000076 IN THE NAME OF THE 1ST PETITIONER Exhibit P5 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 23/06/2022 IN RESPECT OF LOAN ACCOUNT NO. 18236900000183 IN THE NAME OF THE 1ST PETITIONER.
Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT DATED 11/08/2022 IN RESPECT OF THE PROPERTY OF THE 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE BASIC TAX RECEIPT DATED 17/08/2022 IN RESPECT OF THE PROPERTY OF THE 5TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE BASIC TAX RECEIPT DATED 17/08/2022 IN RESPECT OF THE PROPERTY OF THE 2ND PETITIONER.
WP(C) NO. 9617 OF 2023 6 Exhibit P9 TRUE COPY OF THE BASIC TAX RECEIPT DATED 17/08/2022 IN RESPECT OF THE PROPERTY OF THE 6TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE BASIC TAX RECEIPT DATED 12/08/2022 IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER.
Exhibit P11 TRUE COPY OF THE GST PAYMENT RECEIPT DATED 19/11/2022 IN RESPECT OF THE BUSINESS OF THE 1ST PETITIONER.
Exhibit P12 TRUE COPY OF THE GST PAYMENT RECEIPT DATED 20/12/2022 IN RESPECT OF THE BUSINESS OF THE 1ST PETITIONER.
Exhibit P13 TRUE COPY OF THE GST PAYMENT RECEIPT DATED 17/01/2023 IN RESPECT OF THE BUSINESS OF THE 1ST PETITIONER.
Exhibit P14 TRUE COPY OF THE GST PAYMENT RECEIPT DATED 18/02/2023 IN RESPECT OF THE BUSINESS OF THE 1ST PETITIONER.
Exhibit P15 TRUE COPY OF THE NOTICE DATED 31/10/2022 BEARING KTMB/SKKS/SEPF/2182/2022 ISSUED BY THE 1ST RESPONDENT.
Exhibit P16 TRUE COPY OF THE CAVEAT PETITION FILED BY THE RESPONDENT BANK BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM.
Exhibit P17 TRUE COPY OF THE NOTICE DATED 08/03/2023 BEARING KTMB/SKKS/SEPF/2182/2023 ISSUED BY THE 1ST RESPONDENT.
Exhibit P18 TRUE COPY OF THE PAPER PUBLICATION APPEARED IN THE MATHRUBHOOMI DAILY DATED 09/03/2023.