IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 8^TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WA NO. 1394 OF 2023 AGAINST THE JUDGMENT IN WP(C) 10371/2023 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS:

1 KERALA BANK (KERALA STATE CO.OP.BANK LTD) REP. BY ITS REGIONAL MANAGER KOTTAYAM REGIONAL OFFICE P.B.NO.140 CENTRAL JUNCTION KOTTAYAM DISTRICT, PIN - 686001

2 THE MANAGER, KERALA BANK (KERALA STATE CO.OP. BANK LTD MUNNAR MAIN BRANCH MUNNAR P O IDUKKI DISTRICT, PIN -

685612 BY ADV P.C.SASIDHARAN RESPONDENT/PETITIONER:

MANARKATTU THEATRES (P) LTD REP. BY ITS MANAGING DIRECTOR SHRI.JOSEPH JOSEPH REGISTERED OFFICE AT MANARKATTU BUILDINGS LALAM VILLAGE MEENACHAL THALUK PALA KOTTAYAM, PIN - 686575 BY ADV MOHAN JACOB GEORGE THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 08.01.2024, ALONG WITH WA.1003/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 8^TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WA NO. 1003 OF 2023 AGAINST THE JUDGMENT IN WP(C) 7022/2023 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS NOS.2 AND 3:

1 THE KERALA STATE COOPERATIVE BANK LTD CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN -

695033

2 REGIONAL MANAGER KERALA STATE CO-OPERATIVE BANK LTD, REGIONAL OFFICE, KOVILAKATHUMPADAM, THIRUVAMBADY P.O.

THRISSUR, PIN - 680022 BY ADV P.C.SASIDHARAN RESPONDENTS/PETITIOENRS & RESPONDENT NO.1:

1 PNB VESPER LIFE SCIENCE PVT LTD DOOR NO.40 1045G, 5TH FLOOR, AMRITHA TOWERS, MG ROAD, COCHIN 682011, REPRESENTED BY ITS DIRECTOR SRI.P.N.BALARAM, PIN - 682011 2 MINI C B, AGED 52 YEARS W/O BALARAMAN, PADINJARETHALACKAL HOUSE, PERINGAVU P.O, THRISSUR, PIN - 680018

3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN - 695014 THIS WRIT APPEAL HAVING COME UP FOR HEARING ON

08.01.2024, ALONG WITH WA.1394/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Amit Rawal, J.

1. This judgment shall dispose of two intra court appeals bearing No.1394 of 2023 and 1003 of 2023 preferred against the separate judgments of the Single Bench dated 20.6.2023 and 10.4.2023 rendered in W.P.(C) No.10371 of

2023 and 7022 of 2023 respectively.

2. The reliefs sought in both the aforementioned writ petitions were in the following manner.

WP(C)No.1394 of 2023 i. Issue a writ of Mandamus or such other appropriate writ or order commanding the respondents to release the Original Title Deeds (Title Deed Nos.212/1997 and 3112/2001 of Meenachal SRO) to the petitioner which were deposited by the petitioner towards security for the financial facilities availed by "J.J. Holiday Resort (P) Limited as the loan availed by the principal borrower stands closed;

ii. Direct the respondents to release the above original title deeds forthwith within a short time limit prescribed by this Hon'ble Court;

iii. Dispense with the English translation of Malayalam documents produced in this writ petition.

WP(C) No.1003 of 2023 i. issue a writ in the nature of mandamus, or any other appropriate writ, order or direction, directing the respondents 2 to 3 to reschedule the loan of PNB Vesper Life Sciences Pvt. Ltd, for a period of two years from the date of reschedulement, payments, conversion of interest accrued or to be accrued into another credit facility, grant the benefit of interest waiver (including interest on interest)as per Ext:P5 Judgment of Supreme Court dated 27.11.2020 and Ext: P 4, P6 RBI circulars dated 06.08.2020 & 05.05.2021 and grant a moratorium of six months for the payments.

(ii) declare that petitioners are entitled for the benefit interest waiver (including interest on interest) as per Ext: P5 Judgment of Supreme Court and Ext:P4, P6 RBI circulars dated 06.08 2020 & 05.05.2021 and for the benefit of moratorium.

(iii) issue a writ in the natu