Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 WP(C) NO. 2417 OF 2022 PETITIONER:
M/S GIRINDRA HOSPITALITY PVT. LIMITED, 25/662/A, GIRINDRA TOWER, KURUPPAM ROAD, THRISSUR, KERALA-680 001, REPRESENTED BY ITS MANAGING DIRECTOR GIRIJA VALLABAN VELLOOR KUNJU.
BY ADVS.
P.B.KRISHNAN P.B.SUBRAMANYAN SABU GEORGE JOSEPH FREEMAN RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, PARLIAMENT STREET, NEW DELHI-110 001.
2 RESERVE BANK OF INDIA, 16TH FLOOR, CENTRAL OFFICE BUILDING., SHAHID BHAGAT SINGH MARG, MUMBAI-400 001, REPRESNETED BY ITS GOVERNOR.
3 THE SOUTH INDIAN BANK LTD., MISSION QUARTERS BRANCH, MISSION QUARTERS, THRISSUR-680 001, REPRESENTED BY ITS CHIEF MANAGER.
4 MD & CEO, THE SOUTH INDIAN BANK, REGISTERED OFFICE (HEAD OFFICE), TB ROAD, THRISSUR-680 001.
5 THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, 1ST FLOOR, PLATINUM JUBILEE BUILDING, CIVIL LINE ROAD, NEAR CHILDREN'S PARK, AYYANTHOLE, THRISSUR-680 003, REPRESENTED BY DEPUTY GENERAL MANAGER.
W.P.(C)No.2417 of 2022 2 6 DISTRICT LEAD MANAGER (THE CANARA BANK)., CIVIL LANE ROAD, WEST FORT, THRISSUR-680 004.
BY ADVS.
SMT.MAHESWARY.G., CGC SUNIL SHANKER LEO GEORGE KEVIN VARGHESE JACOB MALINI K. MENON, CGC OTHER PRESENT:
SRI. S. MANU, DSGI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.2417 of 2022 3 T.R. RAVI, J.
-------------------------------------------- W. P. (C). No. 2417 of 2022 -------------------------------------------- Dated this the 4th day of April, 2023 JUDGMENT The counsel for the petitioner seeks permission to withdraw the writ petition.
This writ petition is dismissed as withdrawn without prejudice to the contentions.
Sd/- T.R. RAVI
JUDGE AMR
W.P.(C)No.2417 of 2022 4 APPENDIX OF WP(C) 2417/2022 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE UDYOG AADHAR MEMORANDUM DATED 29.06.2020 ISSUED TO THE PETITIONER COMPANY.
Exhibit P2 TRUE COPY OF THE SANCTION ORDER DATED 31.12.2018 ISSUED BY THE SOUTH INDIAN BANK ACCORDING SANCTION FOR LOAN AMOUNT OF RS.40,00,000/- Exhibit P3 TRUE COPY OF THE SANCTION LETTER ISSUED BY THE SOUTH INDIAN BANK SANCTIONING OVERDRAFT FACILITY OF RS.350 CRORES AND TERN LOAN OF RS.300 CRORES.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS PASSED BY THE TAHSILDAR, TRICHUR HANDING OVER THE SAID HOTEL NAMED GARUDA TO THE PETITIONER COMPANY.
Exhibit P5 TRUE TYPED COPY OF THE CIRCULAR DATED 06.08.2020 BEARING DOR NO.BP.BC/4/21.04 048/2020-21 TITLED MICRO SMALL AND MEDIUM ENTERPRISES (MSME) SECTOR RESTRUCTURING ADVANCES NOTIFIED BY THE RBI.
Exhibit P6 TRUE COPY OF THE CIRCULAR DATED 05.05.2021 NOTIFIED BY THE RBI.
Exhibit P7 TRUE COPY OF UDYAM REGISTRATION CERTIFICATE DATED 02.06.2021 CLASSIFYING THE PETITIONER COMPANY AS NA MSME.
Exhibit P8 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER COMPANY UNDER THE GST REGIME DATED 17.07.2018.
Exhibit P9 TRUE COPY OF THE CERTIFICATE DATED 08.07.2021 ISSUED BY THE CHARTERED ACCOUNTS CERTIFYING THAT THE FUND AND NON FUND EXPOSURE OF THE PETITIONER COMPANY AS ON 31.03.2021 IS RS.6,17,28,810.10.
W.P.(C)No.2417 of 2022 5 Exhibit P10 TRUE COPY OF THE CIRCULAR DATED 04.06.2021 ISSUED BY RBI.
Exhibit P11 TRUE COPY OF THE REQUEST DATED 26.05.2021 FOR RESTRUCTURING THE LOANS SUBMITTED BY THE PETITIONER COMPANY TO THE CHIEF MANAGER OF THE THIRD RESPONDENT BANK.
Exhibit P12 TRUE COPY OF THE EMAIL COMMUNICATION DATED 26.05.2021 ADDRESSED BY THE SOUTH INDIAN BANK, MISSION QUARTERS BRANCH TO THE PETITIONER COMPANY CONFIRMING RECEIPT OF REQUEST FOR RESTRUCTURING.
Exhibit P13 THE TITLE DEED OF THE EMAIL COMMUNICATION DATED 27.05.2021 ADDRESSED BY THE PETITIONER COMAPANY TO THE BANK.
Exhibit P14 TRUE COPY OF THE COMMUNICATION REJECTING THE REQUEST OF RESTRUCTURING OF LOAN SUBMITTED BY THE PETITIONER COMPANY WHICH WAS HANDED OVER TO THE PETITIONER COMPANY IN AN INCOMPLETE FORM AND FORMAT BY AN IDENTIFIABLE OFFICIAL OF THE SAID BANK.
Exhibit P15 TRUE COPY OF THE COMMUNICATION DATED 29.09.2021 ENCLOSING THE REPRESENTATION ADDRESSED TO THE LEAD DISTRICT MANAGER.
Exhibit P16 TRUE COPY OF THE FORWARDING NOTE DATED 06.10.2021 ADDRESSED BY THE LEAD DISTRICT MANAGER CANARA BANK INCLUDING THE REPLY DATED 04.10.2021 PROVIDED BY THE SOUTH INDIAN BANK TO THE LEAD DISTRICT MANAGER.
Exhibit P17 TRUE COPY OF THE COMPLAINT DATED 02.09.2020.
Exhibit P18 TRUE COPY OF THE COMPLAINT DATED 14.09.2020.
Exhibit P19 TRUE COPY OF THE CRIMINAL COMPLAINT FILED BY THE MANAGING DIRECTOR OF THE PETITIONER COMPANY ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, DATED 05.11.2021.
Exhibit P20 TRUE COPY OF THE COMPLAINT LODGED BY THE
W.P.(C)No.2417 of 2022 6 MANAGING DIRECTOR OF THE PETITIONER BY THE MANAGING DIRECTOR OF THE PETITIONER COMPANY ON THE FILE OF THE BANKING OMBUDSMAN.
Exhibit P21 TRUE COPY OF THE NOTICE DATED 27.10.2021 ISSUED BY THE REGIONAL OFFICE OF THE SIB UNDER SEC.13(2) OF THE SARFAESI ACT.
Exhibit P22 TRUE COPY OF THE OBJECTION DATED 07.12.2021 FILED BY THE MANAGING DIRECTOR OF THE PETITIONER COMPANY.
Exhibit P23 TRUE COPY THE OBJECTION DATED 29.12.2021 SENT BY THE MANAGING DIRECTOR OF THE PETITIONER COMPANY.
Exhibit P24 TRUE COPY OF THE OBJECTION DATED 03.01.2021 SEND BY THE MANAGING DIRECTOR OF THE PETITIONER COMPANY.
Exhibit P25 TRUE COPY OF THE NOTICE STYLED AS RECALL NOTICE DATED 25.11.2021 BY RESPONDENT NO.3.
Exhibit P26 TRUE COPY OF THE EMAIL DATED 26.05.2021 ISSUED BY THE BANK RESPONDENTS’ EXHIBIT Exhibit R3(a) True copy of the reply letter of the Authorised Officer dated 20.12.2021