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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
K.T.Saidalavi, S/o. Kunhikoya Kunnathodi – Appellant
Versus
Reserve Bank Of India Represented By Its Regional Director – Respondent
| Table of Content |
|---|
| 1. petitioner claims loans and fraud classification (Para 1) |
| 2. respondents' legal arguments against maintainability (Para 2) |
| 3. court hears both parties on arguments (Para 3) |
| 4. petitioner's entitlement to representation and hearing (Para 4 , 5) |
| 5. questions on maintainability and right to hearing (Para 6 , 7 , 8 , 9 , 10) |
| 6. supreme court decisions on natural justice and civil consequences (Para 11 , 12 , 13) |
| 7. rights of the petitioner in light of management policies (Para 14 , 15) |
| 8. final order mandating compliance with principles of natural justice (Para 16) |
JUDGMENT :
1. The Petitioner claims that he is the Chairman of Tip Top Furniture Group having six business units engaged in the business of manufacturing, importing, exporting, and trading of furniture. As per the averments in the Writ Petition, Tip Top Furniture Group availed loans from the Respondent No.2/Bank for a total amount of Rs.47.79 Crores against common securities. Tip Top Furniture Group has repaid more than Rs.11 Crores towards the loans. When the repayments were defaulted, the Respondent No.2 filed O.A. No.148/2022 before the Debts Recovery Tribunal (DRT), Ernakulam, for recovery of an amount of Rs.53
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