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2020 Supreme(Ker) 573

S.MANIKUMAR, SHAJI P.CHALY
Y. Sleebachan – Appellant
Versus
State of Kerala, Represented by The Secretary to Government, PWD Department – Respondent


Advocates Appeared:
For the Appellant : Sri. B.J. John Prakash.
For the Respondent: Sr.G.P. Surin George IPE, Sri. K.P. Sujesh Kumar, SC.

JUDGMENT :

Brief facts leading to this appeal are that the appellant is an Engineering Contractor and duly registered as a MSME service provider. The appellant is also a partnership firm. The appellant in his individual capacity is engaged in carrying out contract works for Public Works and Irrigation Departments, in the States of Kerala and Tamil Nadu.

2. Brief facts involved in this case are as follows:

    The appellant was granted a credit facility to Rs.100 lakhs and the partnership firm was granted a credit facility of Rs.150 lakhs. The partnership firm, in which the appellant was a partner was classified as NPA, on account of some error in the communications made between the appellant and the respondent bank. The said partnership firm approached this court vide W.P.(C) No.26060/2019 challenging the entire proceedings initiated by the respondent bank, consequent to the classification of the appellant's account as NPA. While the above writ petition was pending consideration, the said partnership firm entered into a settlement with the respondent bank assuring them payment of a minimum of Rs.100 lakhs before the end of November, 2019 and further undertook to close the account before 3

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