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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
M.D. Esthappan Infrastructure Pvt. Ltd. – Appellant
Versus
Reserve Bank of India, Represented by its Governor – Respondent
| Table of Content |
|---|
| 1. challenges to the previous judgment in w.p.(c) no. 32541 of 2025. (Para 2) |
| 2. court's observations on the procedural validity of the previous judgments. (Para 3 , 4 , 5) |
| 3. arguments raised by the petitioners regarding their rights under the msmed act. (Para 6 , 7 , 8 , 10) |
| 4. legal principles regarding res judicata and constructive res judicata. (Para 14 , 16 , 17 , 18) |
| 5. final conclusions drawn by the court regarding the dismissal of the appeal. (Para 25) |
JUDGMENT :
1. The 1st petitioner in W.P.(C)No.32541 of 2025 and the legal heirs of the deceased 2nd petitioner have filed this writ appeal, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 17.10.2025 of the learned Single Judge in that writ petition, which was one filed invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs:
b) To declare that the entire proceedings initiated by the respondent Bank as against the petitioner in violation of the notification dated 29.05.2015, which not a single bank/financial institution in this country has given effect to, is rendered void ab initio, still
The principle of constructive res judicata bars re-litigation of claims that could have been addressed in prior proceedings, establishing finality in judicial decisions.
Banks must adhere to mandatory guidelines for MSMEs under the SARFAESI Act before classifying accounts as NPAs; failure to do so renders such classification invalid.
Banks must comply with MSME guidelines before classifying accounts as NPAs; failure leads to illegal classification and invalid judicial intervention under Article 226.
High Courts cannot invoke Article 226 to interfere with statutory remedies under the SARFAESI Act when a suitable mechanism exists for resolution, ensuring judicial efficiency and finality.
Financial institutions must follow statutory procedures when dealing with MSME classification and recovery; non-compliance can render actions invalid, emphasizing the need for judicial adherence to e....
Financial institutions must follow statutory procedures when dealing with MSME classification and recovery; non-compliance can render actions invalid, emphasizing the need for judicial adherence to e....
Litigants must present all claims in one proceeding to uphold judicial efficiency and avoid res judicata principles, preventing piecemeal litigation.
The court upheld that simultaneous proceedings under the SARFAESI Act and the Recovery of Debts and Bankruptcy Act are permissible, and reiterated principles of res judicata and the responsibilities ....
Borrowers classified as MSMEs must assert their status before NPA classification to invoke benefits under the SARFAESI Act; failure to do so precludes subsequent claims.
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