Mylath Sandeep vs. Bajaj Finance LTD

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 9TH DAY OF AUGUST 2021 / 18TH SRAVANA, 1943 WP(C) NO. 15099 OF 2021 PETITIONERS: 1 MYLATH SANDEEP AGED 49 YEARS S/O. NARAYANAN KUTTY, PROPRIETOR M/S NANDANAM SANITARIES, NEAR SOBHA CITY, KUNNAMKULAM RD, PUZHAKKAL P.O., THRISSUR-680 003 2 DEEPA.P. W/O. MYLATH SANDEEP, AGED 42, RESIDING AT MYLATH HOUSE, KANNAPURAM, CHETTUPUZHA P.O., TRISSUR-680 012 BY ADV R.S.KALKURA RESPONDENTS: 1 BAJAJ FINANCE LTD REGISTERED OFFICE AKURDI, PUNE, CORPORATE OFFICE, 4TH FLOOR, BEHIND WEIKFIELD, IT PARK, VIMAN NAGAR, PUNE -411014, REPRESENTED BY ITS MANAGING DIRECTOR 2 BAJAJ FINANCE LTD., DD TRADE TOWER, 3RD FLOOR, KALOOR KATHRIKADAVU ROAD, OPP WELLMART SUPER MARKET, KALOOR, COCHIN-682 017, KERALA INDIA, REPRESENTED BY ITS AREA CREDIT MANAGER 3 RESERVE BANK OF INDIA, REGIONAL OFFICE, TRIVANDRUM, BAKERY JUNCTION ,P.B.NO.6507, THIRUVANANTHAPURAM, -695 033, REPRESENTED BY ITS REGIONAL DIRECTOR 4 NATIONAL CREDIT GUARANTEE TRUSTEE COMPANY LTD, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, HAVING ITS REGISTERED OFFICE SWALAMBAN BHAVAN, CII, G BLOCK, BANDRAKURLA COMPLX, BANDRAE, MUMBAI-400051, REPRESENTED BY ITS MANAGING DIRECTOR 5 UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCIAL SERVICES , 3RD FLOOR, JEEVAN BUILDING,

WP(C) NO. 15099 OF 2021 2 SANSAD MARG, NEW DELHI-110 001 BY ADV SRI.M.A.VINOD, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 15099 OF 2021 3 JUDGMENT The learned counsel for the petitioners seek permission to withdraw this writ petition with liberty to approach this Court again with a fresh one. The learned counsel explains that this request has been made because there are some mistakes in the present writ petition. In the afore circumstances, this writ petition is dismissed as having been withdrawn, with the afore requested liberty been reserved to the petitioner. DEVAN RAMACHANDRAN JUDGE SAS/09/08/2021

WP(C) NO. 15099 OF 2021 4 APPENDIX OF WP(C) 15099/2021 PETITIONERS' EXHIBITS Exhibit P1OF THE LETTER OF SANCTION DATED 28.10.2014 EXECUTED BY THE PETITIONERS IN FAVOR OF THE 2ND RESPONDENT. Exhibit P2OF THE FINANCIAL STATEMENT PERTAINING TO M/S. NANDANAM SANITARIES AS ON 31.3.2017 TO INDICATE THAT THE CONCERN IS AN MSME. Exhibit P3OF THE EMERGENCY CREDIT LINE GUARANTEE SCHEME UPDATED AS ON 31.10.2020 Exhibit P4OF THE CIRCULAR EXTENDING TIME UP TO 30.09.2021 OF THE BENEFITS UNDER EXHIBIT P3 SCHEME ISSUED BY THE MINISTRY OF FINANCE DATED 31.03.2021. Exhibit P5OF THE REGISTRATION CERTIFICATE UNDER THE GST DATED 19.09.2017. Exhibit P6OF THE NOTICE DATED 28.08.2020 ISSUED BY THE COUNSEL FOR RESPONDENTS 1 AND 2 TO THE PETITIONERS. Exhibit P7OF THE REPLY DATED 18.10.2020 ISSUED BY THE PETITIONER'S COUNSEL TO THE RESPONDENTS 1 AND 2. Exhibit P8OF THE EMAIL DATED 1.10.2020 ISSUED BY THE PETITIONERS TO THE 1ST RESPONDENT. Exhibit P9OF THE EMAILS DATED 7.11.2020 ISSUED BY THE PETITIONERS TO THE 3RD RESPONDENT. Exhibit P10OF THE COMMON JUDGMENT IN WPC. 24771 OF 2020 AND IN WPC. 4737 OF 2021 DATED 26.03.2021. Exhibit P11OF REPLY DATED 30.04.2021 ISSUED BY

WP(C) NO. 15099 OF 2021 5 THE 2ND RESPONDENT. Exhibit P12OF THE CIRCULAR BEARING NO. DOR.STR.REC.11/21.04.048/2021-22 DATED 5.5.2021 ISSUED BY THE RESERVE BANK OF INDIA. Exhibit P13OF THE S.13(2) NOTICE DATED 28.04.2021 ISSUED BY RESPONDENTS 1 AND 2 TO THE PETITIONERS. Exhibit P14OF THE REPLY DATED 12.07.2021 ISSUED BY THE PETITIONERS TO THE NOTICE UNDER SECTION 13(2) ISSUED BY THE RESPONDENTS 1 AND 2. Exhibit P15OF THE REPRESENTATION DATED 02.06.2021. SUBMITTED BY THE PETITIONER THROUGH E-MAIL TO THE 1ST RESPONDENT. Exhibit P16OF THE EMAIL DATED 23.05.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS. Exhibit P17OF THE NOTICE DATED 12.02.2021 ISSUED BY THE ARBITRATOR. Exhibit P18OF THE FIRST NOTICE OF ARBITRATION DATED 10.03.2021. Exhibit P19OF FINAL NOTICE DATED 09.04.2021 ISSUED BY THE SOLE ARBITRATOR. Exhibit P20OF THE AFFIDAVIT SUBMITTED BY THE 2ND PETITIONER BEFORE THE ARBITRATOR. Exhibit P21OF THE NOTICE DATED 23.05.2021 ISSUED BY THE ARBITRATOR TO THE 1ST PETITIONER.