IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE
22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946 WP(C) NO. 19339 OF 2024 PETITIONER:
M/S VINTAJE PACKS AGED 40 YEARS HAVING ITS OFFICE AT NO. XII/146C, PUTHUVELI (POST), VELIYANNOR, RAMAPURAM, MONIPALLY, KOTTAYAM REPRESENTED BY ITS MANAGING PARTNER AJITH P. JOY, PIN - 686636 BY ADV JESWIN P.VARGHESE RESPONDENTS:
1 THE STATE BANK OF INDIA REPRESENTED BY THE AUTHORIZED OFFICER, SME BRANCH, THAZHATHE PARAMBIL SHOPPING COMPLEX, MANAKKAD ROAD, THODUPUZHA (POST), IDUKKI DISTRICT, PIN - 685584
2 THE AUTHORIZED OFFICER / CHIEF MANAGER STATE BANK OF INDIA, SME BRANCH, THAZHATHE PARAMBIL SHOPPING COMPLEX, MANAKKAD ROAD, THODUPUZHA (POST), IDUKKI DISTRICT., PIN - 685584
3 THE BRANCH MANAGER STATE BANK OF INDIA, SME BRANCH, THAZHATHE PARAMBIL SHOPPING COMPLEX, MANAKKAD ROAD, THODUPUZHA (POST), IDUKKI DISTRICT, PIN - 685584
4 THE BRANCH MANAGER STRESSED ASSETS RECOVERY BRANCH, STATE BANK OF INDIA, NO.
40/974, R.S. BUILDING, M.G. ROAD, ERNAKULAM., PIN - 682035 BY ADV AMAL GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 22nd day of October, 2024 The present Writ Petition has been filed seeking the following prayers:
i) A writ of mandamus or any other appropriate writ or order directing the respondents to permit the petitioner to clear the overdue amount in 12 equal monthly installments and a further direction to the respondents to keep all further proceedings under The SARFAESI Act in abeyance until such time.
ii) A writ of mandamus or any other appropriate writ or order directing the respondents to permit petitioner to regularize the loan accounts by way of clearing the overdue in 12 monthly installments.
iii) Any other appropriate writ order or direction as the Hon’ble Court may be pleased to grant in the circumstances of the case.
2. The writ petition is not maintainable against the SARFAESI proceedings undertaken by the financial institution to realize its outstanding dues.
In view of the order passed in I.A No.2 of 2024, the present writ petition is dismissed, leaving it open to the petitioner to take recourse to any other remedy as may be available to the petitioner.
Sd/-
D. K.SINGH JUDGE AP APPENDIX OF WP(C) 19339/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, MARANGATTUPALLY DATED 11.11.2022 Exhibit P2 A TRUE COPY OF THE NOTICE NO. SARFAESI /VP/2023-
24/17 ISSUED BY THE 2ND RESPONDENT UNDER SECTION
13(2) OF THE SARFAESI ACT DATED 04.07.2023 Exhibit P3 A TRUE COPY OF THE MINUTES OF THE DESIGNATED COMMITTEE FOR RESOLUTION OF TRUST MICRO, SMALL AND MEDIUM ENTERPRISES DATED 21.10.2023 Exhibit P4 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS DATED
11.11.2023 Exhibit P5 A TRUE COPY OF LETTER NO. MISC/23-24/47 ISSUED BY THE 3RD RESPONDENT DATED 12.01.2024 Exhibit P6 A TRUE COPY OF LETTER NO. MISC/23-24/58 ISSUED BY THE 3RD RESPONDENT DATED 31.01.2024 Exhibit P7 A TRUE COPY OF THE DETAILS OF OUTWARD SUPPLY OF GOODS OR SERVICES (FORM GSTR-1/IFF) FOR FINANCIAL YEAR 2022-23 Exhibit P8 A TRUE COPY OF FORM GSTR-3B SUBMITTED BY THE PETITIONER FOR THE PERIOD FROM APRIL TO JUNE DURING THE FINANCIAL YEAR 2023-24 DATED
20.07.2023 Exhibit P9 A TRUE COPY OF FORM GSTR-3B SUBMITTED BY THE PETITIONER FOR THE PERIOD FROM JULY TO SEPTEMBER DURING THE FINANCIAL YEAR 2023-24 DATED
21.10.2023 Exhibit P10 . A TRUE COPY OF FORM GSTR-3B SUBMITTED BY THE PETITIONER FOR THE PERIOD FROM OCTOBER TO DECEMBER DURING THE FINANCIAL YEAR 2023-24 DATED
20.01.2024 Exhibit P11 A TRUE COPY OF FORM GSTR-3B SUBMITTED BY THE PETITIONER FOR THE PERIOD FROM JANUARY TO MARCH DURING THE FINANCIAL YEAR 2023-24 DATED
16.04.2024 Exhibit P12 A true copy of the Letter No. DICKTM/948/2023-E1 issued by the Deputy Director, District Industries Centre, Kottayam to the 3rd respondent dated 23.07.2024 A true copy of English translation of Ext. P12 communication RESPONDENT EXHIBITS Exhibit R1(A) True photocopy of the letter dated nil sent by the petitioner to Branch Manager, Stressed Assets Recovery Branch, State Bank of India.
Exhibit R1(B) True photocopy of the letter dated 10/07/2024 sent by the respondent Bank to the Managing Partner of the Petitioner
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