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2024 Supreme(Ker) 6

ANIL K. NARENDRAN, BASANT BALAJI
South Indian Bank Ltd. – Appellant
Versus
Parthas Textiles – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sunil Shanker Vidya Gangadharan
For the Respondent: GEORGE POONTHOTTAM, T.K.VIPINDAS, K.V.SREE VINAYAKAN

JUDGMENT :

Anil K. Narendran, J.

This appeal is one filed by the 1st respondent in W.P.(C)No.174 of 2021, invoking the provisions under Section 5 of the Kerala High Court, Act, 1958 challenging the judgment of the learned Single Judge dated 27.01.2021 in that writ petition, which was filed by the 1st respondent herein - Parthas Textiles (borrower), invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of mandamus commanding the appellant - South Indian Bank Ltd., to consider Exts.P12 and P13 representations 11.12.2020 and 21.12.2020 made by the 1st respondent borrower for One-Time Restructuring and Two Years of Moratorium. The further relief sought for was a declaration that in the light of Ext.P3 circular No.RBI/2020-21/16 dated 06.08.2020 and Ext.P4 circular No.RBI/2020-21/34 dated 07.09.2020 on Resolution Framework for Covid-19 related Stress - Financial Parameters issued by the 2nd respondent - Reserve Bank of India, the 1st respondent borrower is entitled to a resolution framework for Covid-19 related stress and for implementation of a resolution plan, by one-time restructuring and providing two years moratorium, in respect of

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